Member of Evo-Union Committee defeated the former manager of “Evolution Georgia” in the appellate court
On December 28, 2022, Evo-Union Committee member Nikoloz Katapariashvili posted the following status on Evo’s Facebook page:
“Today, December 28, at 02:48 AM, Evo-Union member G.J. contacted me for help because they were unjustly removed from their shift, issued a violation, not provided adequate assistance, and subjected to provocation. Evo-Union demanded an explanation from shift leader S.N. for abuse of authority and neglect of duties. Moreover, S.N. avoided communication with the union and ignored its requests (communication with the union is their obligation). We declare that we will defend G.J.’s rights in court, and Evolution Georgia and/or its employee S.N. will be held accountable for causing moral harm to the employee.”
S.N. considered this status defamatory, as Evolution Georgia did not impose disciplinary action on them. On the contrary, the employer indicated that S.N. acted in accordance with company rules. However, we presented the following arguments in court:
G.J., feeling wronged by their direct supervisor, sought assistance from Nikoloz Katapariashvili. He promptly responded and, along with G.J., called S.N. During this call, S.N. dismissively referred to Nikoloz, saying, “Who even are they to talk to me?” This disregarded the rights of the union as a representative of employee interests. After the personal communication failed to yield results, Nikoloz published the status in the Evo-Facebook group.
On December 28, G.J. was issued three violations.
G.J. felt unwell. They believed their direct supervisor (team manager) failed to assist or address their condition. As their superior, the manager also failed to explain what G.J. could have done to avoid the “violation.” (If an employee is unfit to work, they have the right to refuse to perform duties without this being considered unjustified refusal to work or grounds for disciplinary action). S.N.’s job description explicitly required them to maintain a safe, secure, and comfortable work environment for team members, as well as ensure overall safety.
G.J.’s claim, “My fingers hurt, and I can’t continue shuffling cards,” was treated by S.N. as a refusal to work and resulted in a violation being issued.
The term “provocation” refers to an action being deemed as such. It is a subjective term and cannot be considered a fact. Moreover, Georgian civil law does not define provocation, making it impossible to hold someone accountable for labeling an action as such.
Nikoloz Katapariashvili acted as G.J.’s defender when publishing the December 28 status. In rights advocacy, defenders disseminate information about violations, including before decisions by courts or administrative bodies, as this is linked to protecting the interests of their clients and preventing future violations. We presented multiple statements made by lawyers and unions in various cases before decisions were rendered by courts or administrative bodies. None of these statements have ever been considered defamatory.
If the claim had been upheld, it would have implied that neither lawyers nor unions could discuss their clients’ or members’ cases with the media or on social networks, explaining why they believed their clients’ rights were violated or how the opposing party breached their rights. Such a ruling would disproportionately limit freedom of expression and render the rights to representation, union formation, and union membership ineffective.
Nikoloz Katapariashvili was represented by Labor lawyer Tamila Gabaidze .
The appellate court upheld these arguments on January 15, dismissing S.N.’s appeal. This decision is significant in the context of the ongoing strike at “Evolution Georgia” for two reasons:
The case details and evidence reaffirmed the arbitrariness of “Evolution Georgia” managers, the oppression of subordinates, and their rejection of unions.
The strike demands for a medical presence at the workplace and cooperation with the union are not only fair but also factually justified.
