What Wrongful Termination Means Under the Labour Code
Assessing a wrongful termination under the Georgian Labour Code comes down to two questions: did a lawful ground exist, and was the termination procedure observed. The United States model of at-will employment, under which an employer may end the relationship at any time and for almost any reason, does not operate in Georgia: terminating an employment contract always requires a ground named in the law and compliance with the prescribed procedure. The absence of either element alone turns the decision into the subject of a court challenge.
The first step of the challenge is always demanding substantiation: the employee may, within 30 calendar days of receiving the notice of termination, require the employer to substantiate the ground in writing, and the employer must answer within 7 calendar days of the demand. If the employer produces no substantiation, the employee may apply to the court within 30 calendar days, and the burden of proving the factual circumstances of the dispute shifts to the employer.