Recommendation to Contest Commission of Khashuri Municipality and Khashuri Governor
On April 21, 2016, the Public Defender of Georgia addressed the contest commission of Khashuri municipality and Khashuri governor with a recommendation to restore citizen M.B’s violated rights.
M.B., one of the specialists of Khashuri municipality, was dismissed from his/her occupied position by the order of the Khashuri district governor. The order was based on the contest commission’s report, under which M.B. did not correspond to the position.
The case study revealed that the first phase - testing - was successfully passed by the applicant. As for the second stage - interview, there is no protocol about the questions the candidate was asked about or answers to them; there exists no criteria, which were used by the commission during making the relevant decision. In addition, the decision on dismissal does not include any justification on M.B.'s non-compliance with the position or the commission’s explanation about why it arrived at the given conclusion. The governor’s order on M.B.'s dismissal was based solely on the commission's decision and does not include any additional justification.
The Public Defender concluded that the decisions of the contest commission and the local municipality were made against laws and bylaws, which violates M.B.’s labor rights.
The Public Defender recommends Khashuri contest commission and local district governor to annul the decision, to conduct the interview process anew and to make a new, legal decision, while in case of establishing compliance with the position, to restore M.B. to his/her position and compensate for his/her missed wages.