EMC responds to dismissal of Teona Bakuradze and believes that the decision rendered by the director of the Adjara Public Broadcaster Giorgi Kokhreidze is unlawful and unsubstantiated and is another serious instance of organized and orchestrated interference with the broadcaster’s independence by the new management.

According to the decision issued by Giorgi Kokhreidze on March 13, 2020, Teona Bakuradze had recklessly violated internal regulations of the Broadcaster and the obligations envisaged by the labor contract, namely “on March 6, 2020 when the working day started, Teona Bakuridze addressed the acting head of the department with insulting and degrading comments, disrupted him from fulfilling his work duties, violated his dignity and reputation and debased him. Apart from that, according to the director, Bakuridze intentionally ignored the instructions of the editor, created tension and conflict, which endangered proper functioning of the news department. In addition, according to the director, Teona Bakuridze exerted psychological pressure and bullied Giorgi Abazadze and Firuz Bolkvadze.”

The violations noted in the decision is clearly unsubstantiated and it practically does not even explain what Teona Bakuridze did concretely to bully her superiors and what were the evidence that the director’s decision was based on. Considering that at the indicated period, the head of the news department (M.Sh) had been appointed only for several hours, it is unclear which instruction and task, Teona Bakuridze failed to fulfill. In this part, the decision does not even specify the concrete fact of giving an instruction and its non-fulfillment.

Indication of violation by Teona Bakuridze and its qualification as a reckless breach contradicts national legislation and practice. Considering that dismissal based on disciplinary violation may turn into an arbitrary mechanism of intentional persecution by an employer, courts consider them as last resort measures, use of which requires proof of “strict necessity” and inability to continue co-working. Apart from that, in case of qualification of a violation as a reckless breach, the employer has to evaluate the intensity of the violation, its nature, content and the damage inflicted on the employer by the person committing the violation.

It has to be noted, that the allegations against Teona Bakuridze regarding harassment of her superiors, certainly contradicts the essence and nature of harassment in labor relations, which, as a rule, is directed against the employee by the management precisely because of having more power. Considering the inherently asymmetric labor relations, the allegation that Teona Bakuridze has pressured and bullied her superiors, is problematic and questionable as the existence of mechanisms against harassment in labor relations is primarily aimed at protecting employees.

Apart from the fact that the sanction used against Teona Bakuridze is disproportionate and unfair, it also does not satisfy the relevant legal standards. The sanction contradicts the fundamental legal principle against double jeopardy. On March 6, 2020, the decision rendered by the director regarding suspension of the contract with Bakuridze and removal from anchoring, already represented a disciplinary sanction, as according to regulation of the Broadcaster, there was no other ground and procedure for suspension of her duties. Clearly, dismissal of Teona Bakuridze after 1 week in relation to the same episode and factual circumstances, contradicts the principle against double jeopardy.

In addition, requirements of disciplinary proceedings were also violated, as Toena Bakuridze was not given the possibility to be adequately involved in the proceedings, to present evidence, to get acquainted with case materials and disprove them, which in and of itself is the ground for declaring the decision void.

Apart from representing unlawful disciplinary proceedings and violating labor rights, the decision to dismiss Teona Bakuridze entails signs of interference in the independence of the Broadcaster in accordance with article 18 of the law on the Public Broadcaster. Moreover, as Teona Bakuridze is an active member of the newly established alternative professional unions and holds a critical stance against problematic decisions of the management, the decision is also discriminatory.

It is evident, that the decision on dismissal of Teona Bakuridze by the new management represented continuation of unlawful decisions rendered before and has the purpose of exerting control on the Adjara Public Broadcaster and of weakening its editing independence by the new management. News department, which is the crucial part of the Broadcaster in charge of creating critical content, is being “cleared” with the new management’s orchestrated decisions, which clearly soon will be reflected in the content provided. In turn, public statements made by the director on its own exhibits the intent to diminish the critical tone of the Broadcaster

Human Rights Education and Monitoring Center (EMC) will soon address the court to defend the interests of Teona Bakudize and request that the decision on her dismissal by the director of the Broadcaster is declared void, discrimination is established, and damages are granted.

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