European court orders Armenia to pay €19,000 in case over employment dispute  

14:49 • 03.02.18



The European Court of Human Rights (ECtHR) has passed a new judgement against the Republic of Armenia, ordering the country to pay €19 065 in a case dealing with an employment dispute. 


According to available materials pertaining to the proceeding, the applicant, Yevgenya Fidanyan, was an employee of the State Revenue Service who filed the appeal in 2012 to argue her employer's decision to sack her.


On 23 February 2009, the head of the Service decided to terminate the applicant's employment contract. On 2 April 2009, the applicant initiated proceedings in the Administrative Court against the Service seeking to 1) have the decision of 23 February 2009 annulled; 2) be reinstated in her previous position; and 3) recover her average salary starting from the moment of her dismissal until her reinstatement to the previous position.


On 17 September 2009 the Administrative Court satisfied all the three claims; the ruling took a legal effect in November.


On 29 November 2009 the Service paid the applicant 1,197,748 Armenian drams (AMD) (approximately € 2,131 at the material time) as compensation for her unemployment during the period from 23 February to 29 November 2009.


It turned out later that the Justice Ministry’s Department for the Enforcement of Judicial Acts took no further action in the period between 25 February 2010 and 17 September 2011 to meet the applicant’s demand.


Despite the Government’s objection that the domestic remedies had not been fully exhausted to allow the applicant to apply to the ECtHR, Fidanyan submitted her appeal on September 19, 2012.


The applicant initially demanded 26,535,233 Armenian drams (AMD) in respect of pecuniary damage and 19,000 euros (EUR) in respect of non-pecuniary damage. She also claimed AMD 800,000 for the costs and expenses incurred both before the domestic courts as well as the Court.


The Government found the claim for pecuniary damage and default interest rate unsubstantiated and subject to rejection.

The Court held that the Government had not thoroughly considered the applicant’s demand to dispute the method or accuracy of the calculations.


It held  that there had been a violation of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention;


The Armenian Government is this to pay Fidanyan, within three months the following amounts, to be converted into Armenian Drams:

 

(i)         EUR 14,165, plus any tax that may be chargeable, in respect of pecuniary damage;

 

(ii)        EUR 3,600, plus any tax that may be chargeable, in respect of non-pecuniary damage

 

(iii)       EUR 1,300, plus any tax that may be chargeable to the applicant, in respect of costs and expenses;


The Court dismissed the remainder of the applicant’s claim for just satisfaction.

 

Armenian News - Tert.am





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