Effect given to the recommendations of the committee and the Governing Body - Report No 336, March 2005

Case No 1785 (Poland) - Complaint date: 15-JUN-94 - Closed

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

1. 99. The Committee last examined this case at its March 2004 session, where it requested the Government to continue to keep it informed in respect of the remaining claims pending before the Social Revindication Commission (the "Commission") and the Supreme Administrative Court as well as of any further developments in respect of the Employees' Recreation Fund [see 333rd Report, paras. 116-118].
2. 100. In a communication of 25 October 2004, the Government submits further information relating to the proceedings both before the Commission and the Administrative Courts, regarding the restitution of assets of NSZZ Solidarnosc, forfeited under martial law. As far as the Commission is concerned, the Government indicates that: (1) there is currently one case pending before the Commission; it seems that the last examination of this case took place on 25 June 2004 and was adjourned for an indefinite duration, at the request of the claimant so that it could complete its evidence; (2) the Commission handed down a decision in favour of NSZZ Solidarnosc on 25 June 2004; the decision may be appealed against within 60 days as of the date of its receipt by the parties; (3) in a decision of 7 May 2004, the Voivodship Administrative Court in Warsaw invalidated a decision of the Commission regarding the payment of a compensation by the State Treasury in favour of an "establishment organization" of NSZZ (a workers' organization functioning at the level of a particular enterprise); the case is sent back to the Commission which will re-examine it after the notification of the court's ruling.
3. 101. With respect to the Administrative Courts, the Government indicates that: (1) the Voivodship Administrative Court in Warsaw is examining an appeal lodged against a decision of the Commission by an establishment organization of NSZZ Solidarnosc as well as an appeal lodged by the Federation of Miners' Trade Unions in Poland; (2) an appeal dated 2 June 2004, was lodged with the Supreme Administrative Court against a decision of the Voivodship Administrative Court in Warsaw dated 16 March 2004 dismissing an appeal submitted by an establishment organization of NSZZ Solidarnosc against a decision of the Commission refusing the restitution of assets. The Government underlines in this respect that both courts will determine whether these cases may return before the Commission. Finally, the Government adds that one cannot exclude sporadic claims from establishment organizations of NSZZ Solidarnosc and which could re-ignite proceedings that already resulted in valid decisions (such would be the situation if for example an organization discovers documents existing at the date the decision had been rendered and unbeknownst to the Commission). Indeed, such claims were orally announced to the Commission.
4. 102. The Committee notes this information that is along the same lines as the information the Government has been providing to the Committee for some time, on the continuing proceedings at the national level regarding the restitution of assets of NSZZ Solidarnosc, forfeited under martial law. Noting that the NSZZ Solidarnosc and its affiliates seem to be availing themselves fully of the recourses available at the national level and that the Committee of Experts on the Application of Conventions and Recommendations is also following the matter within the framework of the application of Convention No. 87, the Committee trusts that the national proceedings will continue to fully involve the organizations concerned and that all the claims will be settled as rapidly as possible.