The rights of those on maternity leave were violated: the another court victory of “AM”

30 March, 2022

In January 2021, the client of “AM” Law Firm, who was on maternity leave at the time, held the position of Deputy Head of the Territorial Department of Social Services of the Yerevan Municipality was notified that will be relieved of her position starting from 01 April, 2021 in connection with the reduction of positions.

Taking into account the fact that the client was on maternity leave and the employment contract signed with her could not be terminated by that reason, partner, advocate in “AM” Law Firm Narine Sargsyan submitted applications to the Yerevan Municipality asking to cancel the dismissal notice on the grounds of reduction of staff.

Not responding to the above-mentioned applications, the acting secretary of the staff of Yerevan Municipality D. Hambaryan dismissed the client of the “AM” Law Firm from her position on 01 April, 2022, putting on the basis of dismissal not the one mentioned in the notice, but a completely different basis, which does not exist in the objective reality.

In order to restore the violated rights of the client, the advocate of “AM” Law Firm Paytsar Kocharyan submitted a lawsuit to the RA Administrative Court asking to completely eliminate the order 687-Ա made by acting secretary of the staff of Yerevan Municipality D. Hambaryan.

As a result, the RA Administrative Court made a decision to satisfy the claim submitted by “AM” Law Firm invalidating the disputed order, to confiscate the amount of compulsory downtime in the amount of the average salary of the plaintiff from the Municipality of Yerevan for the period starting from 01 April till the day the decision comes into legal force. And since it was impossible to reinstate the plaintiff in the previous position, as the position no longer existed, the court decided to oblige the Yerevan Municipality to provide the plaintiff with maximum compensation in the amount of twelve times his average salary in exchange for not reinstating the plaintiff.

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