Effect given to the recommendations of the committee and the Governing Body - Report No 349, March 2008

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

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

1. 228. 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 SA), lengthy proceedings and non-execution of judicial decisions, at its March 2007 meeting [see 344th Report, paras 174–183]. On that occasion the Committee: (1) requested the Government to specify whether the final court decision ordered the reinstatement of Zenon Mazus in addition to payment of compensation and take measures to verify whether the judgement was executed with regard to both issues; (2) noted with interest that the court ordered the reinstatement of Marek Kozak to his post and payment of compensation for time off work and requested the Government to verify that the judgement has been executed; (3) requested the Government to keep it informed of the progress of the proceedings against 19 senior managers of the SIPMA SA enterprise and expressed the firm hope that they will finally commence without further delay; (4) with regard to the disputes in the Hetman Limited enterprise, requested the Government to specify the relationship of Jan Przezpolewski to the Hetman Limited enterprise and to clarify the substance of the offences with which Jan Przezpolewski is accused, it further expressed the firm hope that the proceedings will move forward at a swift pace and requested the Government to transmit a copy of the judgement once handed down; and (5) requested the Government to carry out an investigation and communicate the findings on the industrial relations climate between the SIPMA SA enterprise and the NSZZ “Solidarno??” Inter-Enterprise Organization in the Middle East Region and, if the findings demonstrate a need, to intercede with the parties so that the union may exercise its activities with respect to this enterprise without any interference or discrimination by the employer against its members or delegates.
2. 229. In a communication dated 18 September 2007, the Government indicates, with regard to the payment of compensation and reinstatement of Zenon Mazus and Marek Kozak at the SIPMA SA (points (1) and (2) above), that the labour courts do not store the data regarding the enforcement of legally valid court verdicts and the prevailing regulations do not impose on the parties a duty to notify the court about the enforcement of the considered claims. However, in the event of failing to voluntarily abide by a legally valid verdict ordering the reinstatement, there is a possibility to take a legal action and seek the enforcement of the verdict by a warrant of execution. The District Court in Lublin has no record of a petition-based case brought by Zenon Mazus or Marek Kozak requesting the enforcement of the court verdict ordering their reinstatement at the SIPMA SA enterprise.
3. 230. Concerning the SIPMA SA enterprise (point (3) above), the Government indicates that the case against 19 representatives of the enterprise management, accused of malicious and repeated violation of employees’ rights, is still pending before the District Court in Lublin. The Government provides details from which it emerges that the hearings have been adjourned on several occasions and the latest hearings had been set for 23, 25 and 26 July 2007.
4. 231. With regard to the disputes in the Hetman Limited enterprise (point (4) above), the Government indicates that Jan Przezpolewski was the president of the Hetman Ltd Management Board. On 5 January 2007, the court of first instance handed down in his regard a one and a half-year suspended sentence for malicious and repeated violation of employees’ rights and a fine of PLN 22,000. The defendant challenged the verdict. The date of the appeal was set for 14 September 2007.
5. 232. The Committee notes the information submitted by the Government with regard to points (1) and (2) of its recommendations to the effect that the courts do not hold any information on whether the defendant (the SIPMA SA enterprise) complied with the judgement which adjudicated to the plaintiffs (Zenon Mazus and Marek Kozak) compensation for time off work and ordered their reinstatement. It notes with interest that the court ordered the reinstatement of Zenon Mazus and requests the Government to indicate the current status of employment of both trade unionists.
6. 233. With regard to point (3) of its recommendations, the Committee notes that the hearings concerning charges brought against 19 senior managers of the SIPMA SA enterprise have been adjourned on several occasions and the latest hearings had been set for 23, 25 and 26 July 2007. The Committee recalls that the penal case against 19 senior managers of SIPMA SA has been pending since 14 October 2003 and once again emphasizes that justice delayed is justice denied [344th Report, para. 181]. The Committee firmly trusts that the proceedings will be concluded without any undue delay and requests the Government to keep it informed of progress made and to transmit a copy of the judgement once handed down.
7. 234. With regard to the disputes in the Hetman Limited enterprise (point (4) above), the Committee notes the Government’s indication that Jan Przezpolewski was the President of the Hetman Ltd Management Board. On 5 January 2007, the court of first instance handed down in his regard a one and a half-year suspended sentence for malicious and repeated violation of employees’ rights and a fine of PLN 22,000. The defendant challenged the verdict. The date of the appeal was set for 14 September 2007. The Committee requests the Government to keep it informed of the progress made in respect of the appeal proceedings and to transmit a copy of the judgement once handed down.
8. 235. The Committee notes with regret that the Government does not provide any information on point (5) of its recommendations. In light of the various violations brought before it by the complainant, the Committee once again requests the Government to carry out an investigation and communicate the findings on the industrial relations climate between the SIPMA SA enterprise and the NSZZ “Solidarno??” Inter-Enterprise Organization in the Middle East Region and, if the findings demonstrate a need, to intercede with the parties so that the union may exercise its activities with respect to this enterprise without any interference or discrimination by the employer against its members or delegates.