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Dismissal based on the fact of going on pension is groundless and amounts to age-based discriminatory attitude

May 5, 2020

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Nurse Rima Dunamalyan was dismissed one year ago. Due to HCA Vanadzor legal aid, the Court made a judgment to reinstate her in her former position and she will receive the amount of money for the time period of enforced idleness. 

 

HCA Vanadzor undertook the protection of dismissed Rima Dunamalyan’s rights back in 2019.

 

Having worked for around 13 years, in January 2019, the nurse received a notification from the employer in regard to the possible dismissal in March. And in March, she was dismissed on the ground of reaching the pension age. 

 

Rima Dunamalyan applied to HCA Vanadzor in order to restore her labour rights. On 27 March, HCA Vanadzor advocate Arayik Zalyan applied to the Court claiming to reinstate Rima Dunamalyan in her position and pay her for the period of enforced idleness.

 

A.Zalyan justified the claim by the condition that Rima Dunamalyan had been discriminated on the ground of age, while age had not reduced her professional skills and capacity for work, and the employer’s justification was illogical.

 

Having examined the claim for about a year, on 9 April 2020, Lori Region General Jurisdiction Court, despite the respondent’s objections, made a judgment to uphold Rima Dunamalyan’s claim.

 

The Court recognized invalid the MC director’s order to dismiss Rima Dunamalyan and obliged the employer to reinstate her. The Court also levied from the medical center money in the amount of average monthly salary for the whole period of enforced idleness.

 

The Court drew attention to the condition that in order to dismiss a person on the ground of going on pension, that provision must be envisaged in the employment contract, whereas there was no such provision in Rima Dunamalyan’s employment contract. 

 

Based on the alarms that MC employees are dismissed on the ground of age according to the instructions of the provincial administration, HCA Vanadzor also sent an inquiry to Lori Governor A. Ghukasyan and asked to clarify if notes of such content had been sent to medical centers and on what legal ground it had been done. 

 

In his response dated 30 March 2019, Lori Governor A. Ghukasyan clarified that in order to raise the quality of professional work activity and involve young personnel, healthcare companies were offered to review their staff age limit in the frame of the RA legislation. However, he did not mention based on what legal act it had been done

 

In the next note addressed to the Governor, HCA Vanadzor reminded about the legal acts that guarantee the rights of employees of pension age and mentioned  that making a change in the employment contract only based on that condition and without checking work and professional skills, is not legal. HCA Vanadzor exhorted the Governor to make sure legislative requirements are properly fulfilled in institutions operating under the provincial administration and eliminate discrimination against employees. 

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