Public Defender of Georgia files amicus curiae brief concerning alleged fact of discrimination on the ground of different opinion
On January 31, 2019 Public Defender of Georgia filed amicus curiae brief to the Tbilisi City Court concerning alleged fact of discrimination on the ground of different opinion.
As indicated by the applicant, he requested the employer to establish transparent and explicit incentive criteria in order to exclude the application of an incentive mechanism based on subjective attitudes towards employees. After certain amount of time, the applicant was dismissed on the basis of reorganization.
In the amicus curiae brief, Public Defender of Georgia underlined that harassment in labor relations based on different opinion constitutes one of the forms of discrimination. She elaborated on the test to reveal one of the forms of discrimination and those components that shall be considered during harassment. In addition, she discussed distribution of burden of proof between the parties in discrimination cases.
In her amicus curiae brief, Public Defender also noted the importance to assess legal purpose of reorganization in the company. In particular, whether the reorganizational changes in the company were financially conditioned as indicated by the respondent, or whether it served the dismissal of individuals having different opinions.