Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 363, Mars 2012

Cas no 2474 (Pologne) - Date de la plainte: 28-FÉVR.-06 - Clos

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

1. 206. The Committee last examined this case at its meeting in March 2011 [see 359th Report, paras 155–158]. On that occasion, expecting that the judicial proceedings in the case of dismissal of Mr Zagrajek would be concluded without further delay, the Committee once again requested the Government to keep it informed of its final outcome. The Committee further requested the Government to indicate whether Mr Zagrajek was reinstated pending the appellate proceedings, and if not, it urged the Government to take the necessary steps to ensure his full reinstatement without loss of pay.
2. 207. In its communication dated 25 July 2011, the Government indicates that Mr Zagrajek and his former employer signed a settlement agreement, according to which the contract of employment was terminated by mutual agreement and Mr Zagrajek was to be paid the gross amount of 8,829 Polish Zloty (PLN) on account of compensation, within 14 days of the signature of the agreement. Mr Zagrajek withdrew his statement of 14 December 2005 on the termination of his contract of employment without notice. Therefore, the judicial proceedings are closed.
3. 208. The Committee notes this information. It observes that six years after the dismissal of Mr Zagrajek, the judicial proceedings came to an end with the signature of a monetary settlement agreement between this trade unionist and the enterprise. Taking into account the length of the judicial proceedings, the Committee requests the Government to examine with the most representative organizations of workers and employers ways to guarantee expeditious judicial proceedings.