The Georgian Railway will have to pay compensation of 24 000 GEL to David Gochava. In addition, with the decision of 10 July, 2018, the court annulled Georgian Railway JSC decree on termination of employment agreement with Gochava.
“This case is a clear example that fighting always makes sense and that the Georgian Trade Unions Confederation (GTUC) is always on the guard of workers’ labour and legal rights,” –said Tamar Surmava.
Davit Gochava filed a case in July, 2015, after he was dismissed from work illegitimately, on discriminatory grounds.
The case passed through courts of three instances. Initially, the Tbilisi City Court and the Court of Appeals did not rule in favour of the demands of David Gochava, but later on September 29, 2017, the Supreme Court of Georgia satisfied Gochava’s cassation complaint and sent the case to the Tbilisi Court of Appeal for re-examination.
The Supreme Court upheld David Gochava’s reasons on groundlessness and unfairness of the decision of the Court of Appeals and noted that the lower courts failed to examine the fact of discriminatory treatment of David Gochava on the part of Georgian Railway JSC and the fact that unequal treatment might have been the ground for Gochava’s dismissal.
In the end, the court ruled that Davit Gochava’s appeal was justified and made a ruling in his favour. Georgian Railway was obliged to reinstate Davit Gochava to work and pay him a significant amount of compensation.
Tamar Surmava, lawyer of the Georgian Trade Unions Confederation (GTUC) was defending the interests of David Gochava with the support of the American Solidarity Center.