"Fresco", as a defeated party, has appealed the case to the Tbilisi Court of Appeals - "Young Barristers"

15 April, 2020

Fresco has addressed the Tbilisi Court of Appeals with an appeal on the lost case against the author of the Facebook page "Zhamtasvla Photosuratebze", on the dispute over demanding the denial of false information, which violated the business reputation and contained defamation. "Young Barristers" publishes the statement about the above mentioned issue, which represents the interests of Giorgi Labadze in the general courts.

The Tbilisi City Court has established the disputed expressions about the labor violations in the company with the absolute privilege of freedom of expression. Moreover, the court has considered, that the disputed statements, which were published on the social media, didn't belong to Giorgi Labadze, and the author of the social page had only provided the society with the text, which were prepared jointly by the former or presented employees of the company. At the same time, Giorgi Labadze made a statement on TV, that the notes, which were published on his page, belonged to the presented and former employees of the company. The court has fully shared the position of defence party and recognized the company's demands as groundless and unfounded.

The company's claim was to deny the information, which was published on Giorgi Labadze's Facebook page "Zhamtasvla Photosuratebze", from February 7 to February 10, 2017, assessing the violation of labor rights in the company. Furthermore, to deny the trustworthiness of the letters , which were announced by Giorgi Labadze on TV Pirveli, in the "Diana Trapaidze's daily news" programme. On top of that, the plaintiff's claim was the immediate execution of the decision and the imposition of the state fee paid for the lawsuit against Giorgi Labadze.

Based on the organization's assessment, the court's decision can become a basic document, which will provide more prudence and attention from all the other employers towards the rights of the employees in the supermarket chain business. According to the organization, the dispute is of public importance and therefore, is a matter of strategic litigation for them.

To note out: "Fresco Shopping Centre" Ltd filed a lawsuit on March 13, 2017, the court hearings were postponed due to the change of judges. A total of 6 court hearings were held on the case. In the Tbilisi City Court the decision was made by judge Ketevan Kutchadze on 20 February, 2020.

 



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