In accordance with article 21 (b) of the Organic Law of Georgia on Public Defender, the Public Defender of Georgia has addressed the Ministry of Defense of Georgia with recommendation to examine legality of dismissal of Ms. Natia Ivanidze.

On May 28, 2012 Ms. Natia Ivanidze addressed the Public Defender of Georgia regarding her illegal dismissal from public service.

Ms. Natia Ivanidze had been working at the Ministry of Defense of Georgia J-5 Strategic Planning and Military Policy Department of the Georgian Armed Forces Joint Staff. She was dismissed from the occupied position in 2011.

As it turns out, there was no basis for issuing the decree on her dismissal. On November 16, 2011 Ms. Natia Ivanidze requested a copy of the mentioned decree from the Ministry of Defense of Georgia. According to the received document Ms. Ivanidze resigned based on her personal request (Article 95 of Chapter 10 of the Law of Georgia on Public Service). Ms. Natia Ivanidze states that she has never addressed the Ministry of Defense of Georgia with such a request.

In order to look into the case, on June 3, 2013 Public Defender addressed the Ministry of Defense of Georgia and requested a copy of the decree on dismissal of Ms. Natia Ivanidze from the occupied position. As the reply was late, on July 3, 2013 Public Defender once again addressed the Ministry of Defense of Georgia.

According to the response letter received from the Ministry of Defense of Georgia on July 11, 2013 Ms. Natia Ivanidze was dismissed based on a management notice and there is no decree on her dismissal.

At the time of dismissal the applicant had a 1 year and 5 months old child and according to Ms. Ivanidze her salary was the only source of her income.

In accordance with part one of Article 601 of General Administrative Code of Georgia, “an administrative-legal act is void, if it contradicts law, or if the statutory procedures of its preparation or promulgation were substantially violated.” Absence of personal request for dismissal from the occupied position - a fact confirmed by the Ministry of Defense, can be regarded as such violation. Therefore, legal grounds for dismissal of the employee from his/her position do not exist (Article 95 of Chapter 10 of the Law of Georgia on Public Service).

Moreover, according to Paragraph 2, Article 111 of the Law of Georgia On Public Service, “a female employee cannot be dismissed from her position during her pregnancy or while raising child younger than 3 years, on grounds of decrease in number of staff positions, prolonged inability to work or medical condition, or based on attestation results”.

Taking into consideration the facts mentioned above, the Public Defender of Georgia regards that Ms. Natia Ivanidze has been dismissed from the Armed Forces of the Ministry of Defense of Georgia in violation of law.

For rehabilitation of her violated rights, in October 2012, Ms. Natia Ivanidze has filed a request to the Ministry of Defense, asking to be restored to her position, but there has been no response from the Ministry.

The Public Defender of Georgia addressed the Minister of Defense with recommendation to immediately nullify the decree on dismissal of Ms. Natia Ivanidze from her position, as it had been issued in violation to the law and to restore her in public service on an appropriate position with an appropriate salary. Also, Public Defender requested to take adequate legal actions against the individuals who were responsible for timely assessment of this issue and taking relevant steps to solve it.