Helsinki Citizens’ Assembly-Vanadzor

On April 17, 2019, Yerevan city General Jurisdiction Court upheld the application made by the fired employee of Araratbank and made a judgment to reinstate her in her former position.

In accordance with the Court’s decision, “Araratbank” will also pay the annual monthly salary for the time period of enforced idleness after being fired from the job.

On June 26, 2018, the court accepted the proceedings of Leyli Ghambaryan’s claim and started examining the case on October 18, 2018. Her interests were represented in the Court by Helsinki Citizens’ Assembly Vanadzor lawyer Arayik Zalyan.

Leyli Ghambaryan was fired on March 23, 2018. Among other grounds, the employee also mentioned loss of trust.

In her claim submitted to the Court, Leyli Ghambaryan claimed to recognize null and void the order of resolving the working contract signed between the employee and her, reinstate her in her former job, levy average monthly salary for the time period of enforced idleness and in case of not reinstating the job, provide her with at least an amount of money which is 12 times the size of her average monthly salary.

Accepting as a basis the fact that Araratbank open joint stock company and Leyli Ghambaryan had working legal relations, the Court found it necessary to first check the legality of resolving the working contract, which will be possible only when the respondent presents the grounds of resolving the working contract. The respondent, however, received the Court’s decision to accept the claim into proceedings and claim proofs on August 20, 2018, and without reasonable grounds violated the one-week deadline of presenting proofs. Under these conditions, the Court concluded that the respondent did not prove the facts in the grounds of resolving the working contract and recognized the order null and void.

With regard to reinstating her in the former position and levying money for the time period of enforced idleness, the Court recorded that Leyli Ghambaryan should be reinstated in her former job, since the order to resolve the working contract had already been recognized null and void, and she should be paid an amount of money in the size of her average monthly salary for the time period of enforced idleness.

Araratbank open joint-stock company will pay the state budget 8000 AMD and 2% of the plaintiff’s average monthly salary levied for the time period of enforced idleness.