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ProCredit Bank Loses Case against Employee

In the previous week Ana Machitadze, the former employee of ProCredit Bank, won a legal dispute against ProCredit Bank. Her interests were defended by Archil Kaikatsishvili, head of the Association of Young Barriers. The dispute has lasted for more than 2 years.

On May 27, 2016 the Chamber of Civil Affairs of Tbilisi Court of Appeals, chaired by Besarion Tabaghua, thoroughly satisfied the action submitted by plaintiff Ana Machitadze against JSC ProCredit Bank. According to the court decision:

  1. The decree issued by JSC ProCredit Bank director Ketevan Khuskivadze on April 29, 2014 on firing Ana Machitadze was abolished;
  2.  Ana Machitadze was restored on the position of an individual clients consultant at the Vake service center of JSC ProCredit Bank;
  3.  JSC ProCredit Bank was imposed to pay a compensation to Ana Machitadze for the forcibly missed workdays, for the period starting April 29, 2014 up to the court decision;
  4.  JSC ProCredit Bank was imposed to cover trial and pre-trial expenditures taken by the plaintiff.

The young barriers explain that as of May 27, 2016, the compensation amount for forcibly missed workdays makes up 31 602 GEL and this sum must be fully paid by ProCreditBank to Ana Machitadze by the time of the court decision execution.

It should be also noted that this decision is a case in the history of the Georgian judiciary system. There are a very few cases when a physical body manages to restore his/her  rights at the job place through the court system and, moreover, to receive compensation for missed days.

It should be also noted that everything started with an ordinary term “May the God Bless You”.

Ana Machitadze started working at ProCredit Bank in September 2007. She was sacked in April 2014. One of the reasons for firing her was that she was frequently saying to clients: “May the God Bless You”.

The employee was fired because of her incompetences,  unskillfulness and nonconformity to the occupied position. ProCredit Bank noted that Ana Machitadze had not fulfilled the determined financial plan, had not conducted inner presentation on performance, while excessive familiarity to clients expressed in the words “May the God Bless You”was considered as unskillfulness and incompetence.

In the previous week, at the trial of Tbilisi Court of Appeals the judge offered again to resolve the dispute by negotiations, but ProCredit Bank refused this offer. After this, judge Besarion Tabaghua noted that the  Supreme Court of Georgia had passed clear and evident decision that Ana Machitadze had been dismissed illegally.

Namely, the Supreme Court of Georgia agreed with the decision by Chamber of Civil Affairs of Tbilisi Court of Appeals, under which Ana Machitadze’s address  “May the God Bless You” was not a familiar attitude to clients.

The court of appeals explained that the address May the God Bless You cannot be appraised as a familiar attitude because of established standards and forms of relations in the Georgian society.

The court also noted that the mentioned activity could not be ground for dismissing a person from job. It should be noted ProCredit Bank appealed against the first-instance court decision to the supreme court in February 2016. However, the commercial bank lost the case even in this case against the physical body.

Young Barriers, who have defended the interests of Ana Machitadze, hope that ProCredit Bank will execute the court decision without delay in the legal timeframes. The young barristers also hope that, in general, commercial banks will be more srious and competent in treating all disagreements and disputes that may arise in the Georgian bank sector.

“We hope that JSC ProCredit Bank will not create problems in terms of execution of the court decision. At the same time, we expect that the bank will show dignity position and bring apologies to the society for the illegal step and  religious discrimination, because this fact has been recognized and approved by the Court”, Archil Kaikatsishvili said.