Civil servant dismissal: how to contest it: what to do under Georgian law

What to do

1. Status and basis: a civil servant (mokhele) or a contract worker (a worker under an employment contract disputes in civil proceedings; a civil servant disputes in administrative proceedings) (Law of Georgia on Public Service, Art. 119); dismissal is permitted only on a ground set out in the Law of Georgia on Public Service (Art. 106); the Labour Code applies to a mokhele only where the law expressly refers to it (Art. 6). Defects in the order: the order is an individual administrative act and must meet Art. 52 and Art. 53 of the General Administrative Code of Georgia (written justification) (Law of Georgia on Public Service, Art. 106).
2. Deadlines (the key point): without an administrative complaint, a lawsuit will not be accepted unless the law provides otherwise (Administrative Procedure Code of Georgia, Art. 2); a complaint must be filed within 1 month of official delivery of the order (General Administrative Code of Georgia, Art. 180) — against an order issued by a head of an agency, to the superior body; a lawsuit must be filed within 1 month of the decision on the complaint or the expiry of the period for its consideration (Administrative Procedure Code of Georgia, Art. 22). Note: a challenge does NOT suspend the order (Law of Georgia on Public Service, Art. 118).
3. Disciplinary dismissal: it is permitted only for serious misconduct (Law of Georgia on Public Service, Art. 98); proceedings must begin within 1 month of discovering the misconduct and no later than 3 years after it was committed (Art. 88); check whether you were given access to the materials and an opportunity to give explanations.
4. Procedure in case of reduction in force or on health grounds: in case of a reduction (reorganisation or liquidation) or dismissal on health grounds, a written warning must be given 1 month in advance (Art. 114); without it — plus 1 month's salary (Art. 114).
5. What to request: a declaration that the order is invalid; if it is annulled — immediate reinstatement to the same or an equivalent post (Art. 118); payment of the salary and class allowance not received (Art. 118); if reinstatement is impossible — placement on the reserve list, the salary not received, and compensation equal to the last salary for 6 months (Art. 118).
6. Where to apply: the superior body (administrative complaint), then the administrative panel of the district (city) court.
7. Evidence: the order and the date of its delivery, disciplinary materials and explanations, performance assessments, the staffing table, correspondence.
8. Pitfalls: applying Labour Code deadlines and going to a civil court instead of filing a complaint and an administrative lawsuit; waiting for a decision on the complaint without counting the month for the lawsuit; a complaint does not stop the dismissal; dismissal on reorganisation is a separate regime, and reinstatement may not be available.

Be sure to check

• grounds for dismissal — only those in the Law of Georgia on Public Service; the order must be reasoned
• administrative complaint within 1 month, then a lawsuit within 1 month (the Labour Code does not apply)
• a challenge does not suspend the order
• reinstatement to the same or an equivalent post, and the salary not received