Norik Melikyan, a surgeon from Vanadzor, insists that he has been discharged from employment illegally which has put his family of seven in tight situation.  

70-year-old Norik Melikyan entered an action at the Lori province general jurisdiction court of first instance demanding from the "Vanadzor hospital complex number 1 named after L.Areshyan" Closed Joint Stock Company to consider the additional agreement N 193/6, signed for fixed date, a labor agreement signed for uncertain period.

Besides, the former surgeon of the hospital demands to be reinstated in his former position, make an exaction for the whole period of forced outage including banking interests stipulated by law.

"My family lives on my salary. We are in a deadlock now. My family is starving, I have borrowed some money to hold out for some time. If this issue is not solved we will emigrate", says Norik Melikyan who has worked in hospital complex N 1 since 1977. Until 2010 the hospital signed with him a labor agreement for uncertain period of time.

"I don't understand what happened that they signed a fixed date agreement with me and after it expired they discharged me", Melikyan wonders.  Araik Zalyan, Melikyan's representative and attorney from the Helsinki Citizens' Assembly Vanadzor Office, stated in the court that by initially signing a fixed-time labor agreement, the labor right of the citizen has been violated. 

In the attorney's opinion, a doctor's work is not a work that might become unnecessary in a year especially considering that the person has worked in the same medical institution for a very long period of time.

"Article 95 of the RA Labor Code defines that a fixed-time agreement is signed if labor relations cannot be defined for uncertain period taking into account the nature or performance conditions of the work", Araik Zalyan explains.

He adds that under the circumstances a fixed-time labor agreement can be signed only in case if the work to be performed or conditions of performance have a non permanent nature or preconditions stipulated by parts 2 and 3 of article 95 of the RA Labor Code apply.     

The committee established by the Governor has undertaken the role of a preliminary investigation body

The note presented to the court by the director of hospital complex N 1 reveals that surgeon Norik Melikyan was discharged from employment taking into consideration his retirement age, the conclusion of the commission established by the Lori province Governor order N 177 of April 26, 2011 on the death of Vanadzor painter Karen Davtyan (Kapo) who died in April this year in a car accident and guided by the assignment of the Governor.

The Legal Department of the Labor Inspection has informed that the retirement age is 63, and if the person has worked after that age, he cannot be discharged at 70 for having reached a retirement age at 63. Besides, the legal basis of discharging N. Melikyan is that on June 1, 2011 the term of signing a fixed-time labor agreement on June 1, 2011 has expired.

Zalyan believes that the Governor's instruction must have resulted in not prolonging the agreement with the person and he has been discharged.  

A major car accident happened in Vanadzor on April 18, 2011: a Volkswagen Touareg ran into a VAZ 2107 whose driver - Karen Davtyan (born in 1962, pseudonym - Kapo) was taken to the Vanadzor hospital complex N 1 with heavy injuries and in unconscious state. In the morning of April 19 he died.

Doctor Norik Melikyan was the one to operate him. He states that Karen Davtyan had concussion of the brain, multiple fractures of ribs, lung laceration, spleen laceration, fracture of pelvic bones.

"Injuries were incompatible with life, the patient died of traumatic shock. Autopsy revealed that the kidney was damaged as well, but I could have no relation to it. I merely opened his abdomen, the kidney is not in abdomen. I saw blood under the abdomen layer and called an urologist 3 times, he came and found nothing. Sonography did not show anything either", doctor Norik Melikyan says.

The now former Governor of Lori province Aram Kocharyan instructed to temporarily dismiss the doctor on duty Norik Melikyan from performance of his responsibilities till the legal end of the criminal case.

The commission established by the order of the Governor concluded that Norik Melikyan completed the medical form of stationary patient with shortcomings, did not provide counseling of all specialists and appropriate recording, conducted incomplete examination of abdominal cavity and posterior abdominal space, together with the urologist presented contradicting information to the commission, did not include senior specialists in the operation team due to which the damage to the left kidney was not found out and was not operated.  

However, attorney Araik Zalyan states that according to the legislation coming to such a conclusion and making a decision on its basis is the prerogative of the preliminary investigation body.

"The Criminal Proceeding Code stipulates such authority for the preliminary investigation body. Legal proceedings have been instituted, circumstances are being specified. The preliminary investigation body will decide if there was incorrect interference by the doctor. If it is revealed that the doctor is guilty too, he will be brought to account, discharged from employment".

However, Norik Melikyan was not charged with incorrect medical interference during Karen Davtyan's operation or any other professional shortcomings, so the surgeon with 40 years of experience wonders why the Governor instructed to temporarily dismiss him from performing his responsibilities: "There will be a trial and everything will clear up".

Anush Bulghadaryan

Vanadzor

Source - www.hra.am