Effect given to the recommendations of the committee and the Governing Body - Report No 363, March 2012

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

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

1. 202. The Committee last examined this case, which concerns numerous acts of anti-union intimidation and discrimination, including dismissals, lengthy proceedings and non execution of judicial decisions, at its meeting in March 2011 [see 359th Report, paras 150–154]. On that occasion, the Committee urged the Government to indicate whether Mr Jedrejek, member of the NSZZ “Solidarnosc” Inter-Enterprise Organization from SIPMA SA, had been reinstated following the decision of the District Court and, if not, it urged the Government to take the necessary steps to ensure his full reinstatement pursuant to the Court’s decision. The Committee also firmly expected that the judicial proceedings in the case against 19 senior managers of SIPMA SA would be concluded without any further undue delay and once again requested the Government to keep it informed of its final outcome.
2. 203. With regard to the case against 19 senior managers of SIMPA SA, the Government indicates, in its communication dated 26 July 2011, that the District Court in Lublin rendered its judgment on 20 December 2010. The judgment became final for one of the defendants, who was found not guilty. The other defendants were found guilty and lodged an appeal before the Court of Appeal. The Government further indicates that the hearing dates have not been set yet. Moreover, the case will be supervised by the Minister of Justice until its final outcome. The Government provides no information regarding Mr Jedrejek’s reinstatement.
3. 204. The Committee notes the information provided by the Government. With regard to the issue of reinstatement of Mr Jedrejek, the Committee once again regrets that the Government did not provide any information in this regard. The Committee recalls from its previous examination of the case that the District Court in Lublin ordered the reinstatement of Mr Jedrejek and that this decision became final after the appeal filed by the enterprise had been dismissed by the Regional Court. The Committee reiterates its requests to the Government and the complainant organization to indicate whether Mr Jedrejek was reinstated, and, if not, it once again urges the Government to take the necessary steps to ensure his full reinstatement pursuant to the Court’s decision.
4. 205. With regard to the case against 19 senior managers of SIMPA SA (on 14 October 2003, accusations were brought against 19 senior managers charged with offences under the Act of 23 May 1991 on the settlement of collective disputes, the Penal Code and the Act of 23 May 1991 on trade unions), the Committee notes the Government’s indication that 18 of the 19 managers were found guilty by the District Court in Lublin on 20 December 2010 and lodged an appeal before the Court of Appeal. However, no hearing dates have been set yet. The Committee recalls that the penal case has been pending since 2003 and once again emphasizes that justice delayed is justice denied [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, para. 105]. Therefore, the Committee firmly expects that the proceedings before the Court of Appeal will be concluded without any further undue delay and once again requests the Government to keep it informed of progress made and to transmit a copy of the judgment once handed down.