The Public Defender’s recommendation to the Mayor of the self-governing city of Poti17 08 2012
On the basis of Paragraph B of Article 21 of the Organic Law of Georgia on the Public Defender of Georgia, the Public Defender of Georgia has addressed the Mayor of the self-governing city of Poti with a recommendation to study the issue of Nazibrola Gogoberidze and make a decision that corresponds with the law.
The Public Defender received an application of citizen N. Gogoberidze in connection with an alleged violation of her right to labor as a result of an order of the Mayor of the self-governing city of Poti.
As a result of a thorough examination of the case materials, it was established that citizen N. Gogoberidze’s right to labor had been violated due to the following circumstances.
Till January 1, 2011, N. Gogoberidze worked in the position of the Chief Specialist of the Treasury Department of the Service of Financial and Economic Policy of the City Hall of the self-governing city of Poti. On December 31, 2010, N. Gogoberidze was dismissed from her position due to reorganization of the Service.
As a result of the reorganization, six (6) positions of Chief Specialist in the Treasury Department of the Service of Financial and Economic Policy of the City Hall of the self-governing city of Poti decreased by one and five (5) positions were left.
N. Gogoberidze held one of the six positions of Chief Specialist in the Treasury Department of the Service of Financial and Economic Policy of the City Hall. Accordingly, the City hall had to indicate to all the corresponding circumstances and substantiate why N. Gogoberidze had been dismissed from her job and on what basis the other five specialists had been given priority. This was of essential importance for the issuance of the administrative-legal act on her dismissal from the position held.
In the given case, the City Hall of the self-governing city of Poti was obliged to objectively assess the correspondence of N. Gogoberidze’s professional skills, qualifications, abilities, and personal qualities with the requirements of the position she held before it made a substantiated decision on dismissing her from the position. However, the City Hall did not do so.
Proceeding from the aforementioned, is has been made clear that there are factual and legal preconditions that confirm that the City Hall of the self-governing city of Poti violated the requirements established by the legislation substantively when it made the decision, or when it prepared and issued the individual administrative-legal act.