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Effect given to the recommendations of the committee and the Governing Body - Report No 344, March 2007

Case No 2291 (Poland) - Complaint date: 12-AUG-03 - Closed

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Effect given to the recommendations of the Committee and the Governing Body

Effect given to the recommendations of the Committee and the Governing Body
  1. 174. The Committee last examined this case, which concerns numerous acts of anti-union intimidation and discrimination, including dismissals, by the management of two companies (Hetman Limited and SIPMA SA) as well as partiality by the Public Prosecutor’s Office, lengthy proceedings and non-execution of judicial decisions, at its March 2006 meeting [see 340th Report, paras 165–172]. On that occasion the Committee: (1) once again requested the Government to intercede with the parties, either directly or in the framework of the Regional Social Dialogue Commission, with a view to improving the industrial relations climate between the SIPMA SA enterprise and the NSZZ “Solidarnosc” Inter-Enterprise Organization in the Middle East Region so that the latter may exercise its activities with respect to this enterprise without any interference or discrimination by the employer against its members or delegates; (2) requested the Government to take all necessary measures so as to ensure that Zenon Mazus is reinstated in his post without loss of pay, in accordance with the decision of the Court of Appeal, without further delay;
  2. (3) requested the Government to keep it informed of the progress of the proceedings against 19 senior managers of the SIPMA SA enterprise and expressed the firm hope that they will finally commence without further delay; (4) requested the Government to provide information with regard to the disputes in the Hetman Limited enterprise as well as any developments in the Regional Social Dialogue Commission on this matter.
  3. 175. In a communication dated 10 October 2006, the Government indicates, with regard to the proceedings concerning the Hetman Limited enterprise (point (4) above), that on
  4. 29 October 2003 charges were brought against Jan Przezpolewski before the Elblag District Court for offences under section 218(1) of the Penal Code and section 35(1)(2-4) of the Act of 23 May 1991 on trade unions. The proceedings before the court are pending. Actions in the case are carried out in the form of interviewing witnesses by means of judicial assistance in different regions of the country.
  5. 176. Concerning the SIPMA SA enterprise (point (3) above), the Government indicates that on
  6. 14 October 2003 accusations were brought against 19 senior managers charged with offences under section 26(1)(2) of the Act of 23 May 1991 on the settlement of collective disputes, section 218(1) of the Penal Code, section 35(1)(2-3) of the Act of 23 May 1991 on trade unions. The suit is pending before the District Court in Lublin. The Government provides details from which it emerges that the hearings have been adjourned on several occasions and the latest hearings had been set for 14, 17 and 19 July 2006. According to the Government, the lengthy proceedings were the result in part of the fact that the case relates to complicated legal matters and the fact that there are several defendants who need to participate in the proceedings. Consecutive adjournments of the hearings have been based on motions of the defendants and their counsels, which were justified on medical grounds and confirmed by medical certificates.
  7. 177. With regard to the proceedings brought by Zenon Mazus against SIPMA SA in Lublin (point (2) above), the Government indicates that a judgement was handed down. The Ordinary Courts Department of the Ministry of Justice, which exercises administrative supervision of the cases, does not hold any information on whether the defendant complied with the judgement which adjudicated to the plaintiff compensation for time off work.
  8. 178. With regard to the proceedings initiated by Marek Kozak against SIPMA SA in Lublin, the Government indicates that they were concluded and that, in a judgement of
  9. 6 October 2005, the District Court in Lublin dismissed the defendant’s appeal against the judgement of the court of first instance which had ordered the reinstatement of the plaintiff to his post and compensation for the time off work. Moreover, the appeals court adjudicated to Marek Kozak remuneration for the subsequent time off work, that is, for the period from 12 October 2004 to 6 October 2006, bringing the total amount to PLN13,104.71, under the condition of reinstatement. The appeal of the defendant against the judgement of the court of appeal was dismissed by the Supreme Court on 6 April 2006.
  10. 179. With regard to point (2) of its recommendations, the Committee notes that a judgement was handed down in the case brought by Zenon Mazus before the courts but the Ordinary Courts Department of the Ministry of Justice, which exercises administrative supervision of the cases, does not have information on whether the defendant complied with the judgement which adjudicated compensation to the plaintiff. The Committee recalls that the court of first instance and the court of appeal had ordered the reinstatement of Zenon Mazus, who was the leader of the NSZZ “Solidarnosc” trade union in the SIPMA SA enterprise. Observing that the Government does not provide any information with regard to the final judgement on the issue of reinstatement, and only refers to the question of compensation, the Committee requests the Government to specify whether the final court decision ordered the reinstatement of Zenon Mazus in addition to payment of compensation and take measures to verify whether the judgement was executed with regard to both issues and to keep it informed in this regard.
  11. 180. The Committee further notes with interest that the proceedings initiated by Marek Kozak (who was chairman of the union before Zenon Mazus) against SIPMA SA in Lublin [see 333rd Report, paras 885, 887 and 899] were concluded and the court ordered his reinstatement to his post and payment of compensation for time off work. The Committee requests the Government to verify that the judgement has been executed and to keep it informed in this regard.
  12. 181. With regard to point (3) of its recommendations, the Committee notes from the Government’s report that the hearings concerning charges brought against 19 senior managers of the SIPMA SA enterprise have been adjourned on several occasions and the latest hearings had been set for 14, 17 and 19 July 2006. Consecutive adjournments of the hearings have been based on motions of the defendants and their counsels, which were justified on medical grounds and confirmed by medical certificates. The Committee recalls that the penal case against 19 senior managers of SIPMA SA has been pending since
  13. 14 October 2003 and once again emphasizes that justice delayed is justice denied
  14. [340th Report, para. 171]. The Committee firmly trusts that the proceedings will be concluded without any undue delay and requests the Government to keep it informed of progress made and to transmit a copy of the judgement once handed down.
  15. 182. With regard to point (4) of its recommendations concerning the disputes in the Hetman Limited enterprise, the Committee notes that on 29 October 2003 charges were brought against Jan Przezpolewski before the Elblag District Court for offences under
    • section 218(1) of the Penal Code and section 35(1)(2-4) of the Act of 23 May 1991 on trade unions. The proceedings before the court are pending. The Committee requests the Government to specify the relationship of Jan Przezpolewski to the Hetman Limited enterprise, and to clarify the substance of the offences with which Jan Przezpolewski is accused. The Committee expresses the firm hope that the proceedings will move forward at a swift pace and requests the Government to keep it informed of progress made and to transmit a copy of the judgement once handed down.
  16. 183. The Committee notes with regret that the Government does not provide any information on point (1) of its recommendations. In light of the various violations brought before it by the complainant, the Committee requests the Government to carry out an investigation and communicate the findings on the industrial relations climate between the SIPMA SA enterprise and the NSZZ “Solidarnosc” Inter-Enterprise Organization in the Middle East Region and, if the findings demonstrate a need, to intercede with the parties so that the union may exercise its activities with respect to this enterprise without any interference or discrimination by the employer against its members or delegates.
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