The new year began with success in the activities of “Sapari”. The organization had a locally unprecedented case of sexual harassment “Tamar Samkharadze v. Shalva Ramishvili” in the proceedings.
Today, on January 3, the Tbilisi City Court made a decision, according to which Shalva Ramishvili was ordered to pay 2000 GEL to a former employee, Tatia Samkharadze, for non-pecuniary damage.
“Tamar Samkharadze’s case against Shalva Ramishvili” was about sexual harassment that Tamar had experienced over the years from her immediate supervisor, Shalva Ramishvili. Sexual harassment was manifested in Shalva Ramishvili’s constant sexual comments about Tamar’s appearance, dress, age, sex and personal life. This created a hostile working environment, which is one of the forms of harassment. As for the form of sexual harassment – “service in exchange for services”, it was expressed in the offer of sexual intercourse by Shalva Ramishvili in exchange for career advancement and protection. An offer to have sex forced Tamar to quit her job. In the case of sexual harassment, it is particularly difficult to obtain evidence because, as in the case of Tamar, the offer to have sexual intercourse was made in isolation, without witnesses. Consequently, Tamar had only one way to prove the truth – to make a secret audio recording.
Mari Kurtanidze, the lawyer of Sapari: The court recognized the audio recording as admissible, the authenticity of which was confirmed by the Samkharauli National Forensics Bureau. In this case, Tamar acted within the frames of self-help and making a covert audio recording was the only way to protect her rights. At today’s trial, the defendant and his representative did not appear. Tbilisi City Court partially upheld Tamar Samkharadze’s lawsuit and ordered Shalva Ramishvili to pay GEL 2,000 in respect of non-pecuniary damage for sexual harassment. We also demanded compensation for pecuniary damage in the amount of Tamar’s three-month salary. The court has not provided explanation on this. Therefore, we are waiting for the court decision. For Tamar Samkharadze and for us, the most important thing was for the court to confirm the fact of sexual harassment. Although the legislation has many shortcomings in regulating sexual harassment – it does not provide for the elimination of all forms of discrimination under Georgian law, the Labor Code covers harassment, but does not specifically describe sexual harassment. However, the topic of sexual harassment is taboo in our society and women still find it difficult to talk about this problem. That is why legal proceedings on this issue are not developed in Georgia. “This case is a precedent and we hope that it will give many women hope and courage to talk about their experiences and try to restore their violated rights through legal means.”
“Tatia Samkharadze vs. Shalva Ramishvili” was one of the most resonant cases, as Tatia was the first woman in Georgia to speak out against sexual harassment in the workplace and to confront one of the most authoritative figures on Georgian television. At a press conference on April 8, 2016, Tatia declared an open fight against sexual harassment in the workplace. Shalva Ramishvili did not admit the fact of harassment and even today, even after the announcement of the court decision, he claims that “he has won the trial ”.
