Helsinki Citizens' Assembly-Vanadzor

The order of dismissing the employee of Dilijan State College was recognized invalid she will also get a compensation for the enforced idleness and not being reinstated in the former position

August 27, 2022

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On 8 August 2022, the General Jurisdiction Court of Tavush region upheld the claim lodged by A.Kh., former employee of Dilijan State College, and obliged the college to pay an average salary for the whole period of enforced idleness and compensation for not reinstating her in the former position, since the position she held no longer exists. 

 

Tavush region Court judge A. Javakhyan made this judgment after the Appeal Court partially overturned and sent for a new examination the judgment of 22 February 2021 delivered by the same Court’s judge S.Armenakyan. This is the second upheld claim in A.Kh.’s case: with the support of HCAV, she has also appealed the order of dismissal from the other position, and the appeal was upheld.

 

A.Kh. worked in Dilijan State College SNCO since December 2014, first as a commandant, then as a computer operator, and a lecturer on concurrent employment basis. In February 2020, she received a letter notifying her that a change had been made in the list of staff positions of the SNCO and the position of the computer operator had been removed; however, a number of other positions had been envisaged in the list (including computer-technical maintenance position, cleaner, etc), which were not proposed to A.Kh. in a manner prescribed by law. As a result, the employment contract of “computer operator” was terminated and she was dismissed.

 

Considering rescission of the contract as illegal and made by violation of law, A.Kh. applied to court; HCAV advocate Ani Chatinyan undertook protection of her labor rights․

 

It should be mentioned that upon dismissal, A.Kh. was not provided with severance pay, which is not provided only when a concurrent employment contract is terminated. However, A.Kh. was dismissed from her main job and was supposed to be provided with severance pay in the amount of an average monthly salary. She was not offered a different job in compliance with her professional training, qualification, and health state, as envisaged by legislation.

 

Besides, the RA MoESCS letter regarding changes in the staff position list - presented by the SNCO as another legal basis for terminating the contract - was only circular, and not a legal norm, and it was presented only to determine the purposefulness of the discussion. 

 

Taking the aforementioned into account, A.Kh.’s legal claims were presented to the RA Tavush region General Jurisdiction Court of First Instance. The claims concerned reinstating A.Kh. in the former position, levying an average salary for the whole period of enforced idleness, and levying a compensation in the amount of twelve times the average salary in case of not reinstating in the position.  

 

On 22 January 2021, the Court of First Instance delivered a judgment partially upholding A.Kh.’s claim, and levied from the RA MoESCS Dilijan State College SNCO an average monthly salary in favor of A.Kh. as severance pay, and rejected the rest of the claim.

 

A.Kh. appealed the judgment for the rejected part of the claims. On 7 July 2021, the Appeal Court recognized invalid the dismissal order, and overturned the part of the judgment pertaining to reinstating A.Kh., levying an average salary for the whole period of enforced idleness, levying twelve times the average salary as compensation in case of not reinstating A.Kh., and sent the case to be examined anew.

 

In February 2022, the General Jurisdiction Court of Tavush region started examining the case, and on August 8, the Court upheld the claim, and levied from Dilijan State College SNCO an average salary for the whole period of A.Kh.’s enforced idleness, and a compensation in the amount of twelve times the average salary, since reinstating the former position was impossible. 

 

HCAV continues providing daily consultations on labor rights also in the frame of Decent Work Now. If your labor rights have been violated or you have questions, you can call 041 123302. Click here to find answers to frequently asked questions regarding labor rights.

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