Public Defender addressed Ms. Ttsismar Tediashvili, the acting Gamgebeli (Head of local municipality) of Sagarejo with a recommendation to assess legality of dismissal of the former Director of non-entrepreneurial (non-commercial) legal person “Sagarejo Satnoebis Sakhli” (Sagarejo House of Charity), Mr. Ilia Kuchuashvili.

Mr. Ilia Kuchuashvili was dismissed from his position on January 31, 2013 by the decree of the Sagarejo Municipality Gamgebeli. In order to examine the case, Public Defender’s Office requested information regarding dismissal of the applicant from Sagarejo Municipality.

According to Sagarejo Municipality Mr. Ilia Kuchuashvili failed to duly perform his professional duties, which was reported verbally. As it turns out the Director of the House of Charity failed to conduct proper quality control and purchased law quality goods. * Failure to duly perform professional duties constitutes a disciplinary misconduct and results in dismissal from occupied position.

It is noteworthy that before dismissal no disciplinary penalties had been imposed on Mr. Kuchuashvili.

In addition the following circumstance should be emphasized: according to the Georgian legislation, Gamgebeli appoints and dismisses heads of structural units and heads of self-government bodies as well as other staff members of local self-governments.

In the given case, Gamgebeli of Sagarejo Municipality, in accordance with the mentioned legal provision, was not authorized to appoint and dismiss the head of a non-commercial legal entity. Therefore, the decree of Gamgebeli of Sagarejo Municipality contradicts with the requirements of current legislation.

In the given case, the labour relations between Sagarejo Municipality and “Satnoebis Sakhli” were supposed to be regulated by private law. Upon concluding and terminating the employment contract with Mr. Ilia Kuchuaushvili, the Gamgebeli of Sagarejo Municipality was supposed to apply the provisions of the Labour Code of Georgia and the Civil Code of Georgia.

In addition, an administrative body is obligated to examine, assess and cross-examine all important circumstances of the case when making a decision regarding matters under its discretion. Just the verbally reported information cannot be regarded as sufficient legal grounds to dismiss Ilia Kuchuashvili from his position. Especially when there had been no disciplinary penalties imposed on him prior to dismissal.

The Public Defender regards that dismissal of Ilia Kuchuashvili violated current legislation, and requests that a lawful decision is made regarding this matter.