Effect given to the recommendations of the committee and the Governing Body - Report No 353, March 2009

Case No 2395 (Poland) - Complaint date: 09-NOV-04 - Closed

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

1. 255. The Committee last examined this case, which concerns several freedom of association violations at the Hydrobudowa-6 SA company (decision to discontinue the deduction of trade union fees of the NSZZ “Solidarno??” trade union in the enterprise and anti-union dismissals of its chairperson and a member of the executive committee in violation of the relevant legislation and the serious delays in the proceedings concerning their reinstatement) at its March 2008 meeting [349th Report, paras 236–241]. On that occasion, the Committee requested the Government: (1) to indicate the exact grounds justifying the unilateral termination of the check-off facility at the Hydrobudowa-6 SA; (2) to keep it informed of the progress of the legal proceedings concerning the two dismissed trade union leaders, Mr Henryk Kwiatkowski and Mr Sylwester Fastyn and to transmit the decision of the Appellate Court in the case of Mr Fastyn and the Decision of the Supreme Court in the case of Mr Kwiatkowski; and (3) to keep it informed of the outcome of the discussions on developing rapid and impartial procedures providing effective protection to trade union members and leaders by the team for the labour code and collective bargaining.
2. 256. In its communications dated 1 and 8 September 2008, with regard to the decision of the Supreme Court in the case of Mr Kwiatkowski, the Government states that by its decision of 29 January 2007, the Supreme Court rejected the appeal filed by Mr Kwiatkowski against the decision of the Appellate Court (the Regional Court Warsaw – Praga), which reversed the decision of the District Court for Warsaw Praga reinstating Mr Kwiatkowski. Pursuant to article 398(9), paragraph 2, of the Code of Civil Procedure in force at the time, the ruling of the Supreme Court contains no reasons justifying its decision. The Government explains that this article was repealed on 30 May 2007 by the Constitutional Tribunal.
3. 257. With regard to the case of Mr Fastyn, the Government indicates that the Regional Court Warsaw – Praga dismissed the appeal of the respondent against the judgement of the District Court for Warsaw Praga North in Warsaw in the case concerning the petition for reinstatement to work addressed against a former employer Hydrobudowa-6 SA. Therefore, this case is legally settled. However, the respondent still has the right to file a last resort appeal to the Supreme Court.
4. 258. The Committee notes that the Supreme Court rejected the appeal filed by Mr Kwiatkowski against the decision of the Appellate Court which reversed the decision of the District Court ordering his reinstatement. The Committee notes that the Supreme Court decision transmitted by the Government is not motivated. Referring to its March 2008 examination of this case [see 344th Report, para. 190], the Committee therefore once again requests the Government to transmit the decision of the Appellate Court.
5. 259. With regard to the case of Mr Fastyn, the Committee understands that the District Court for Warsaw Praga North seems to have pronounced the reinstatement of Mr Fastyn (plaintiff) in his functions; this decision was appealed by the employer (respondent), but the appeal was dismissed by the Regional Court Warsaw – Praga. Thus, the Committee requests the Government to indicate whether Mr Fastyn has been reinstated pursuant to the decision of the District Court and whether an appeal was filed by the employer to the Supreme Court.
6. 260. Noting with regret that no other information has been provided with regard to recommendations (1) and (3) above, the Committee once again requests the Government to indicate the exact grounds justifying the unilateral termination of the check-off facility at the Hydrobudowa-6 SA and refers the matters relating to the need to develop rapid and impartial procedures providing effective protection to trade union members and leaders to the Committee of Experts on the Application of Conventions and Recommendations.