Effect given to the recommendations of the committee and the Governing Body - Report No 356, March 2010

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

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

1. 158. The Committee last examined this case, which concerns numerous acts of anti-union intimidation and discrimination, including dismissals, lengthy proceedings and nonexecution of judicial decisions at its March 2009 meeting [353rd Report,
   • paras 245–254]. On that occasion, the Committee requested the Government to keep it informed of the progress made in the proceedings against 19 senior managers of SIMPA SA and the final ruling in the case concerning the dismissal of Mr Jedrejek, member of the NSZZ “Solidarnosc” Inter-Enterprise Organization from the same enterprise.
2. 159. In a communication dated 31 August 2009, the Government indicates that the case against 19 senior managers of SIPMA SA has not been closed yet due to the death of the reporting judge. It further indicates that the President of the 2nd Criminal Division ordered an appointment of a new reporting judge for the case on 1 October 2008. Pursuant to section 404(2) of the Code of Criminal Procedure, the decision on changing the composition of the Bench resulted in the necessity to commence the adjourned trial de novo. However, the hearing of the case is now about to be completed. The Government points out that this case is under constant administrative supervision of the President of the Regional Court in Lublin.
3. 160. The Government further indicates that in its judgement of 10 March 2008, the District Court in Lublin ordered the reinstatement of Mr Jedrejek. The appeal of the enterprise against this judgement was dismissed by the Regional Court in Lublin on 2 September 2008. As the enterprise did not file a cassation appeal, this case is now considered resolved validly and finally.
4. 161. The Committee notes the information provided by the Government with regard to Mr Jedrejek’s case. It requests the Government to indicate whether Mr Jedrejek was reinstated pursuant to the District Court decision. With regard to the case against 19 senior managers of SIPMA SA, the Committee expects that the proceedings would be concluded without any further undue delay. It requests the Government to keep it informed of the progress made and to transmit a copy of the judgement once handed down.