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The successes of the "ELL Partnership" Law Firm team continue in judicial practice

26.07.2024

In civil case ED2/1508/02/24 on March 5, 2024, our senior lawyer, advocate Gohar Avagyan, and lawyer Alvina Vardanyan, representing the interests of Lusine Stepanyan and acting as her legal representatives, filed a lawsuit against the "Armenian State Institute of Physical Culture and Sports" Foundation, demanding the annulment of Orders No. 228-A and No. 239-A concerning disciplinary liability. According to these orders, the client was subjected to disciplinary penalties of "reprimand" and "severe reprimand" for improper performance of work duties.

Through the filed lawsuit, written motions, and evidence, the firm was able to substantiate that the orders issued against the Plaintiff did not meet the legal requirements in both content and form. Specifically, the orders were vague, did not specify the exact disciplinary violations committed by the employee, nor the improper performance of the duties that served as the basis for issuing the disputed orders. Additionally, no written explanation was requested by the employee, and no reasonable time was given to providing an explanation. The deadlines within which disciplinary penalties could be imposed were also not observed.

This victory is not only significant for us and our client but also important in the context of shaping judicial practice in Armenia. The judicial act rendered in this case is particularly significant in terms of applying the practice previously established by the Court of Cassation in labor disputes, emphasizing the need to apply special rules of evidence distribution in such cases, considering procedural peculiarities.

Thus, the Court thoroughly addressed the invalidity of the orders on disciplinary liability, the grounds for their non-compliance with legislative requirements, as well as the evidentiary rules imposed on the employer in such cases. As a result, the Court fully satisfied the claim, declaring the orders on disciplinary liability invalid, thereby restoring the employee's violated rights due to the employer's unlawful actions.

We congratulate the "ELL Partnership" Law Firm on another victory in judicial practice and extend our gratitude to our client Lusine Stepanyan for entrusting our firm with the protection of her rights and interests.

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