According to the November 4 decision of the Tbilisi City Court, the claim of T.M. was satisfied. According to the decision, the order (regarding the dismissal of the plaintiff) of the Bank of Georgia was annulled.
The employer was charged to reinstate the plaintiff in the position of cashier operator and pay considerable compensation.
The Bank of Georgia was charged to pay compensation for compulsory damages from the date of release (April 17, 2018) until the execution of the court decision (that has entered into force, in addition to the reimbursement of unused leave and 0.07% increase for each day of delay of leave, which is more than 30 000 GEL.
T. M. was employed at the Bank of Georgia since January 2007. She performed her duties properly, professionally and conscientiously. In addition, the plaintiff is a mother of four. Although she had 8 years of work experience, during the maternity leave period she received a notification on the expected dismissal from the work on the basis of Article 37.1, paragraph “o” of the Labour Code of Georgia. At the same time, the Bank of Georgia dismissed her without reimbursing for the unused paid 24-day leave in 2018.
During the court hearing, it was established that the Bank of Georgia employed 9 persons (working in the same position) in different positions. In addition, the position of cashier operator was vacant both as of the plaintiff’s dismissal day and also during the trial.
Sergo Makharadze, a trade union lawyer, defended the interests of the plaintiff in court.
The Trade Union of Service Sector, Local and Communal Services Workers’ of Georgia was also actively involved in the process.