Public Defender Files Amicus Curiae Brief relating to Alleged Victimization
On July 9, 2021, the Public Defender of Georgia filed an amicus curiae brief with Tbilisi City Court regarding the alleged victimization of employees by an employer.
According to the lawsuit, the plaintiff employed in JSC Telasi, unlike other employees of the company, cannot enjoy a supplement, as the internal regulations of Telasi stipulates that employees are not entitled to a supplement in case of being engaged in labour disputes against the company.
In the amicus curiae brief, the Public Defender stressed that it was important for the court to assess whether the restriction imposed by JSC Telasi constituted a restrictive circumstance for the use of legal remedies, as the employee had to choose between two rights - to defend labour rights in the court or to receive a supplement.
In the opinion of the Public Defender, it is also important for the court to discuss whether such a regulation has the so-called chilling effect on employees who, for fear of sanction, are forced to refrain from defending their rights in the court.
The amicus curiae brief is not aimed at supporting the position of either party and focuses on the standards of the human rights law.