A LOSS OF TRUST AS THE LEGAL GROUND FOR DISMISSAL OF AN EMPLOYEE (BASED ON SEVERAL COURT DECISIONS)

Abstract

In view of the fact that the employment relationships have been getting diverse and complex respective legal regulations are being required. The latest amendments to the Georgian Labor Code, which have implemented European regulations into Georgian legislation, considered several issues regarding the respective protection of employee's and employer's rights. One of the most significant and problematic issues in labor relations is related to the termination of the labor contract and its legal grounds. The article deals with the issue of labor contract termination when the legal ground of dismissal is the employer’s loss of trust in the employee. The loss of trust might be the result of the gross violation by an employee of his/her obligations; the violation by an employee of his/her obligations, if any of the disciplinary steps have already been taken against the employee during the last year; or other objective circumstances justifying the termination of an employment agreement. The article provides an overview of decisions rendered by the Supreme Court of Georgia. Moreover, it underlines, the role of trust in labor relationships and its role while termination of the labor contract. As a consequence of the analysis of the decisions, the following conclusion is outlined: in order to state that the employer had lost trust the employee, therefore had the right to dismiss the employee the respective court order in the criminal case against the employee should have existed.