Dismissed for gross or repeated misconduct: what to do under Georgian law

What to do

1. Classification: ground “з” — a gross breach of duties under the contract and/or the internal rules; the law does not provide a list of “gross” misconduct (Labour Code of Georgia, Art. 47); or ground “т” (repeated breach) — only if a disciplinary measure has already been applied within the last 1 year (Labour Code, Art. 47). If no ground is specified, request the justification.
2. Deadlines: request for written justification — within 30 calendar days of receiving the notice (Labour Code, Art. 48); the employer’s reply — within 7 calendar days (Art. 48); claim — within 30 calendar days of receiving the justification (Art. 48); no reply within 7 days — claim within 30 calendar days, with the burden of proof on the employer (Art. 48); without a request — claim within 30 calendar days of the notice (Art. 48).
3. Elements: whether there was a misconduct and fault; for “т” — the date and document of the earlier measure. Internal rules: a breach of the internal rules is a ground only if the rules form part of the contract (Art. 47); employees are familiarised with the rules before the contract is signed, and with any changes within 14 calendar days (Art. 14).
4. Procedure: a written warning 30 days in advance and compensation are mandatory only for grounds “а”, “в”, “и”, “о” — not for “з” or “т” (Art. 48). Their absence is therefore not an argument; the arguments are lack of proof, disproportionality, and the missed one-year window. Note: the ban on dismissing a pregnant employee does not apply to grounds “з” and “т” (Art. 47).
5. Burden of proof: each party proves the grounds for its claims and objections — the employer proves the misconduct (Civil Procedure Code of Georgia, Art. 102).
6. Claims: reinstatement in the same or an equivalent position, or compensation (Labour Code, Art. 48); plus forced-absence pay until the judgment is enforced (Art. 48); final pay and unused leave. Authority: Labour Inspection fines do not cover Arts. 47–50 — the lawfulness of the dismissal is decided by the court (Labour Code, Art. 77).
7. Where to apply: civil panel of the district (city) court.
8. Evidence: dismissal order or notice, the justification or proof of its request; the contract (whether the rules are included), the rules with a signed acknowledgment; the document and date of the earlier penalty; reports, explanations, timesheets; sick-leave certificates, correspondence, witnesses.
9. Traps: considering a disciplinary dismissal unlawful only because no warning or compensation was given; waiting for the Labour Inspection and missing the 30-day deadlines; a reprimand older than 1 year, or a penalty not provided for in the rules; looking for a closed list of “gross” misconduct modelled on the Russian Labour Code — the court assesses the severity.

Be sure to check

• ground: gross breach, or repeated breach where a measure was applied within the last 1 year; internal rules count only if they are part of the contract
• 30-day deadlines: request for justification → 7 days → claim; without a request — 30 days from the notice
• a warning and compensation are not required for a disciplinary dismissal; the key is the employer’s proof of the misconduct
• what to demand: reinstatement or compensation, and forced-absence pay; the dispute goes to court, not to the Labour Inspection