Effect given to the recommendations of the committee and the Governing Body - Report No 356, March 2010

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

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

1. 162. The Committee last examined this case, which concerns several freedom of association violations at the Hydrobudowa-6 SA company (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 2009 meeting [353rd Report, paras 255–260]. On that occasion, the Committee once again requested the Government to transmit the decision of the Regional (appellate) Court in the case of Henryk Kwiatkowski, to indicate whether Sylwester Fastyn had been reinstated pursuant to the decision of the District Court and to indicate the exact grounds justifying the unilateral termination of the check-off facility at the Hydrobudowa-6 SA.
2. 163. In a communication dated 31 August 2009, the Government provided a copy of the judgement of the Regional Court for Warswaza-Praga of 26 January 2006. With regard to the case of Mr Fastyn, the Government indicates that Hydrobudowa enterprise (respondent) did not file a cassation appeal against the judgement of the Regional Court dismissing the appeal of the respondent against the judgement of the District Court which acknowledged the action of the plaintiff for his reinstatement.
3. 164. The Committee notes the information provided by the Government. It once again requests the Government to indicate whether Mr Fastyn has been reinstated pursuant to the decision of the District Court and whether the check-off facility has been re-established at the Hydrobudowa-6 SA.