The Public Defender’s recommendation to the Minister of Labor, Health and Social Affairs of Georgia16 02 2012
In accordance with Paragraph B of Article 21 of the Public Defender of Georgia, the Public Defender has addressed the Minister of Labor, Health and Social Affairs with a recommendation to study the order on the dismissal of citizen Shorena Kukhianidze from the position held and to make a decision that corresponds with the law.
On December 9, 2011, the Public Defender of Georgia received an application of citizen Shorena Kukhianidze who considered that her right to labor had been violated.
The Public Defender requested and studied all the documents on the case.
With the November 5, 2010 order of the Minister of Labor, Health and Social Affairs, citizen Sh. Kukhianidze was dismissed from the position of Chief Specialist of the Department of Healthcare of the Ministry of Labor, Health and Social Affairs. The dismissal was caused by reorganization of the central staff of the Ministry.
Sh. Kukhianidze held one of the positions of chief specialists in the Policy Division of the Department of Healthcare of the Ministry. Accordingly, it had to be substantiated in the order on what basis Shorena Kukhianidze was dismissed and the other specialists were given priority. The order had to indicate to all the corresponding factual circumstances that were of essential importance for the issuance of the administrative-legal act on her dismissal from the position held.
The Ministry of Labor, Health and Social Affairs was obliged to assess the professional skills, qualifications, abilities, and personal qualities of Shorena Kukhianidze objectively before it made a substantiated decision to dismiss her from the position held.
As a result of the examination of the case materials, it was made clear that the Ministry of Labor, Health and Social Affairs had violated the requirements established by the legislation when it made the decision, or when it prepared and issued an individual administrative-legal act, which, in accordance with Parts 1 and 2 of Article 601 of the General Administrative Code of Georgia, creates grounds for the nullity of the administrative-legal act.