Civil servant dismissed due to reorganisation or liquidation of an agency: what to do under Georgian law

What to do

1. Purpose of the dispute (assess immediately): even a successful complaint or lawsuit by a civil servant dismissed in a reorganisation does NOT reinstate them to the post. They receive the unpaid salary and compensation of 3 months' salaries and, with consent, a reserve (Law of Georgia on Public Service, Art. 118). Deadlines: a complaint — 1 month from the official service of the dismissal order (General Administrative Code of Georgia, Art. 180); a lawsuit — 1 month from the decision on the complaint or from the expiry of the period for its review (Administrative Procedure Code of Georgia, Art. 22); appealing decisions on the reorganisation and those adopted in its course does not suspend them (Law of Georgia on Public Service, Art. 118).
2. Is the reorganisation real: a reorganisation is a change of institutional structure with a new structure; a movement or reduction of staff also counts as a reorganisation (Law of Georgia on Public Service, Art. 103). NOT a reorganisation: merely a change of subordination or name, or assigning a new function to a unit (Law of Georgia on Public Service, Art. 103). A reorganisation by itself does not terminate a civil servant's status, except in cases provided by law (Art. 102). The period of reorganisation, liquidation or merger is no more than 3 months, unless the law provides otherwise (Art. 104). Compare the old and new staffing tables and functions.
3. Procedure and payments: written notice 1 month in advance; without it, plus 1 month's salary (Law of Georgia on Public Service, Art. 114); on dismissal due to reorganisation, compensation of 1 month's salary (Art. 115); a pregnant woman or a person raising a child under 3 cannot be dismissed due to a reorganisation or merger (Art. 116).
4. Liquidation or merger: on liquidation or merger, dismissal is possible only if mobility (transfer) is impossible (Law of Georgia on Public Service, Art. 110); mobility means, with consent, a transfer to an equal post, and in its absence to a lower post (Art. 52); refusal of the offered mobility — reserve and compensation of 1 month's salary (Art. 52); if mobility fails, then at the person's wish, reserve and compensation of 3 months' salaries (Art. 105); the reserve lasts 2 years, with the right to take part in closed competitions (Art. 105).
5. Where to apply: the superior body (complaint), then the administrative panel of the district (city) court. The reserve is kept by the Administration of the Government of Georgia.
6. Evidence: the reorganisation order and the dismissal order with service dates, the old and new staffing tables, the structure regulations, vacancies and competitions after the layoff.
7. Traps: waiting to be reinstated (after a reorganisation the court awards money, not the post); treating a change of name or subordination as a reorganisation; applying the Labour Code of Georgia instead of the Law of Georgia on Public Service.

Be sure to check

• signs of a sham reorganisation (only a change of name or subordination, with the function and staff retained)
• 1-month notice and compensation
• on liquidation or merger: mobility and reserve with compensation
• winning a dispute over dismissal due to reorganisation does not restore the post; it yields the unpaid salary and compensation of 3 salaries
• complaint and lawsuit: 1 month each; an appeal does not suspend the decision