Court Compels Prime Minister Pashinyan to Reinstate Deputy Governor; Decision Challenged

Prime Minister Nikol Pashinyan and Vayots Dzor Province Governor have filed a cassation appeal against the ruling of the Court of Appeals, which reinstated the dismissed deputy governor, Nane Asatryan. Asatryan was in her seventh month of pregnancy when she was relieved of her duties on the recommendation of Vayots Dzor Governor Ararat Grigoryan.

Subsequently, Asatryan appealed to the court, seeking to invalidate Pashinyan's decision and reclaim her average salary for the entire duration of enforced idleness, as well as to be reinstated in her former position, according to Hetq.am.

Nane Asatryan was appointed as deputy governor of Vayots Dzor on November 9, 2018, following the regime change. Governor Ararat Grigoryan submitted a request to the Prime Minister on June 30, 2021, to relieve Asatryan of her duties, and just days later, on July 2, Pashinyan formally dismissed her.

During her dismissal, Asatryan was in her seventh month of pregnancy. She had informed the governor of her condition three times through various reports starting from March 2021, but this was not taken into account.

In September 2021, Asatryan approached the administrative court, asserting that her dismissal was unfounded and that the governor's proposal lacked the legal basis required by law. Additionally, international legal instruments and domestic legislation guarantee the rights of pregnant women, specifically in terms of job security. It is the employee's responsibility to notify their employer about their pregnancy, which Asatryan had done.

The Vayots Dzor administration argued that there are no established procedures for temporarily replacing the deputy governor in case of inability to perform duties due to public service regulations. They claimed that such a situation could disrupt the normal functioning of the entire public body. Thus, they maintained that the prohibition against terminating employment during pregnancy does not apply to those holding administrative positions.

Pashinyan countered that the legislature has granted him the authority to dismiss the deputy governor. He contended that there are no legal prerequisites set by the legislature for exercising this authority, which is essential for administering and coordinating governmental operations. Consequently, he believes that the law provides him with broad powers to select and replace individuals in that role.

Regarding the governor's authority to propose the dismissal of his deputy, Pashinyan asserted that, similarly, the legislature has not stipulated additional justifications for making such a proposal. Thus, he deemed Asatryan's claim of being dismissed without reason as baseless.

Pashinyan argued that the reports submitted to Governor Grigoryan during her employment could not be considered as certificates confirming pregnancy and childbirth. Therefore, they considered the lawsuit groundless and subject to rejection.

On March 3, 2022, the administrative court dismissed Asatryan's lawsuit. Following the dismissal, the former deputy governor filed a cassation appeal. A year later, on March 3, 2023, the Court of Appeals ruled in favor of Asatryan.

Specifically, the Court of Appeals decided to annul the lower court's decision dated March 3, 2022. They invalidated Prime Minister Pashinyan's decision to dismiss Nane Asatryan, compelling him to reinstate her to her former position as deputy governor of Vayots Dzor. Furthermore, they mandated the Vayots Dzor administration to pay Asatryan compensation equivalent to her average salary for the entire duration of enforced idleness, starting from July 3, 2021, until her actual reinstatement.

The court noted that, while the position of deputy governor is a public administrative post, and the authority to dismiss belongs to the Prime Minister, he is obliged to provide reasons for such actions. That is, he must indicate specific legal and factual grounds for the dismissal. However, Asatryan's termination lacked corresponding legal and factual basis, with no reasons mentioned.

In this context, Asatryan's rights, as an employee, to protection established by the Constitution and the European Social Charter were violated. The governor’s submission to the acting Prime Minister also did not contain any justification or grounds for the dismissal.

The Court of Appeals remarked that the decision made by the acting Prime Minister on July 2, 2021, was issued in violation of the law and is therefore subject to annulment.

Both Prime Minister Nikol Pashinyan and the Vayots Dzor administration have filed a cassation appeal against the Court of Appeals' decision. The case has been assigned to Judge Hovsep Bedevyan of the Supreme Court. According to information published in the Datalex information system, the Supreme Court has yet to make a decision.