EVOLUTION VS LABOR

Evolution Georgia Lost in Court Again

Trade union member and striker G.Kh. is employed as a game presenter at Evolution Georgia LLC. On December 19, 2023, Evolution Georgia issued its first reprimand for November 2023, citing G.Kh.’s failure to work the minimum required hours set by company policy. The company mandates 64 hours of work per month.

On January 24, 2024, Evolution Georgia issued a second reprimand to G.Kh. for violating Rule 3 of the Game Presenter Violation Policy. The first violation involved G.Kh.’s registration of illness in the company’s electronic system on December 27, 2023, less than 8 hours before the start of his shift.

On November 13, 2024, Tbilisi City Court Judge Giorgi Gogichashvili ruled in favor of G.Kh., accepting his claim.

Regarding the first reprimand, the court noted that even if G.Kh. had worked additional hours to compensate for those missed due to illness in November 2023, he still would not have completed the required 64 hours. As such, the employer had demanded an objectively impossible outcome from the employee.

Concerning the second reprimand, the court explained that G.K .’s shift began at 4:00 p.m., and the company required notification of illness at least 8 hours prior to the start of the shift. This meant the employee should have informed the company by 8:00 a.m. However, since a family doctor typically opens a medical certificate, and outpatient clinics do not operate at 8:00 a.m., it was objectively impossible for the employee to meet this requirement.

Labor lawyer Tamila Gabaidze is representing G.Kh.

This litigation highlights the ongoing conflict between the trade union and Evolution Georgia, with the union advocating for negotiation and settlement, while the company continues to reject this approach.