Effect given to the recommendations of the committee and the Governing Body - Report No 340, March 2006

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

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

1. 165. 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 S.A.) as well as partiality by the Public Prosecutor’s Office, lengthy proceedings and non-execution of judicial decisions, at its March 2005 meeting [see 336th Report, paras. 103-112]. During its previous examination of the case, the Committee had: (1) noted with regret that the NSZZ “Solidarnosc” trade union in the SIPMA S.A. enterprise had been dissolved and requested the Government to intercede with the parties with a view to improving the industrial relations climate between the enterprise and the NSZZ “Solidarnosc” Inter-Enterprise Organization of the Middle East Region so the latter could exercise its activities with respect to this enterprise without any interference or discrimination by the employer against its members or delegates; (2) expressed the expectation that the measures taken by the Government would effectively speed up the judicial proceedings initiated since July 2002 by Zenon Mazus, leader of the NSZZ “Solidarnosc” trade union in the SIPMA S.A. enterprise, for recognition of his dismissal as ineffective; (3) requested the Government to keep it informed on the above issues as well as the progress of the proceedings concerning the employer’s obligation to cooperate with the trade union and the penal charges filed against 19 senior managers of SIPMA S.A.; and (4) requested the Government to provide information with regard to the disputes in the Hetman Limited enterprise.
2. 166. In its communication of 21 October 2005, the Government states that concerning the steps requested to be taken so as to bring the parties back to the bargaining table, under the auspices of the Regional Dialogue Commission, controversies between employers and employees may be presented to the Commission by any of the parties thereof, trade unions and employers’ associations not being party to the Commission, public administration bodies, and by the conflicted parties. However, according to the Government, no motions concerning the above matter have been filed yet.
3. 167. Regarding the judicial proceedings initiated by Zenon Mazus, the Government indicates that, in its judgement dated 14 June 2005, the Regional Court in Lublin decided to dismiss an appeal lodged by the defendant (the employer) against the verdict passed by the court of first instance, which had ordered the reinstatement of the leader of the NSZZ “Solidarnosc” trade union in the enterprise. However, the Government adds that the final appeal against the said judgement has not been lodged yet.
4. 168. Regarding the penal charges filed against 19 senior managers of SIPMA S.A., the Government states that court sittings have been postponed several times, due to health problems reported by one of the defendants and by the judge. The trial was scheduled for 12 October 2005 but proceedings being very slow, the court trial has not yet commenced. As for the reason for transferring the case from the Lublin to the Kielce Prosecutor, it declares that the Regional Prosecutor’s Office in Kielce had been previously entrusted with another case involving SIPMA S.A. in Lublin. When making this decision, the Deputy General Prosecutor took into consideration that the Lublin Appeal Prosecutor’s wife was a member of the Supervisory Board of SIP-MOT S.A. (a SIPMA S.A. subsidiary).
5. 169. The Committee takes note of the information provided by the Government. The Committee notes with regret that the Government does not indicate any steps taken or contemplated so as to intercede with the parties with a view to improving the industrial relations climate between the SIPMA S.A. enterprise and the NSZZ “Solidarnosc” Inter-Enterprise Organization in the Middle East Region. Regarding the steps that the Committee previously requested of the Government so as to bring the parties back to the bargaining table, under the auspices of the Regional Dialogue Commission, the Committee notes with regret from the Government’s report that no such steps have yet been taken by the public administration bodies despite their competence to do so, as previously shown by the Minister of Labour’s referral of the issue concerning the Hetman Limited enterprise to the Regional Social Dialogue Commission [see 333rd Report, para. 909]. The Committee once again requests 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 S.A. 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.
6. 170. Regarding the judicial proceedings initiated by Zenon Mazus, the Committee notes that, according to the Government, in its judgement dated 14 June 2005, the Regional Court in Lublin decided to dismiss an appeal lodged by the defendant against the verdict passed by the court of first instance, which had ordered the reinstatement of the leader of the NSZZ “Solidarnosc” trade union in the SIPMA S.A. enterprise. Noting that a final appeal had not yet been lodged according to the Government and this case has been pending since July 2002, the Committee requests 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. The Committee requests to be kept informed in this respect.
7. 171. In respect of the penal charges filed against 19 senior managers of the SIPMA S.A. enterprise, the Committee notes that, according to the Government, the court trial had not commenced at the time of its last communication (21 October 2005). In respect of the reason for transferring the case from the Lublin to the Kielce Prosecutor, the Committee notes from the Government’s report that, when making this decision, the Deputy General Prosecutor took into consideration that the Lublin Appeal Prosecutor’s wife was a member of the Supervisory Board of SIP-MOT S.A. (a SIPMA S.A. subsidiary). The Committee nevertheless notes with concern that the case of the penal charges filed against 19 senior managers of SIPMA S.A. has been pending since 14 October 2003, and once again recalls that justice delayed is justice denied [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, paras. 105 and 749]. The Committee requests the Government to keep it informed of the progress of the proceedings and expresses the firm hope that they will finally commence without further delay.
8. 172. The Committee also observes with regret that the Government does not provide any information with regard to the disputes in the Hetman Limited enterprise. It therefore once again requests the Government to provide such information, as well as any developments in the Regional Social Dialogue Commission on this matter.