The team at "ELL Partnership" Law Firm continues to achieve success in legal practice.

In civil case No. ED2/4233/02/24, on May 30, 2024, our firm’s senior attorney and advocate Gohar Avagyan, attorney and advocate Volodya Mazmanyan, and lawyer Alvina Vardanyan, representing Lusine Stepanyan’s interests, filed a lawsuit against the “Armenian State Institute of Physical Culture and Sport” foundation. The suit demands the annulment of Disciplinary Order No. 339-A, reinstatement in former employment, and recovery of wages for the entire period of enforced idleness. According to the order, a “termination of employment contract” disciplinary measure was imposed on our client.

Through the submitted lawsuit, written motions, and evidence, the firm successfully substantiated that the order issued against the Plaintiff did not comply with legally established requirements in both content and form. Specifically, the order was ambiguous, lacking clear reference to specific disciplinary violations by the employee. Additionally, no written explanation was requested from the employee, nor was a reasonable time frame provided for submitting such an explanation.

This victory is significant not only for us and our client but also in the context of shaping judicial practice in the Republic of Armenia. The judgment in this case is particularly important for applying previously established precedents by the Cassation Court concerning labor disputes, emphasizing the need to apply specific rules of evidence distribution in cases with procedural peculiarities.

In its judgment, the Court thoroughly addressed the invalidity of the order, the grounds for non-compliance with legislative requirements, and the evidentiary rules imposed on the employer in such cases. As a result, the court fully upheld the claims to nullify the disciplinary order, reinstate the Plaintiff in her former position, and recover average wages for the period of enforced idleness, thereby restoring the employee's rights that were violated due to the employer’s unlawful actions.

Congratulations to the team at "ELL Partnership" Law Firm for yet another victory in legal practice, and our gratitude goes to our client Lusine Stepanyan for entrusting us with the protection of her rights and interests.