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

Case No 2474 (Poland) - Complaint date: 28-FEB-06 - Closed

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

1. 165. The Committee last examined this case at its March 2009 session [see 353rd Report, para. 261]. On that occasion, it requested the Government to provide information on the final outcome of the case of dismissal of Mr Zagrajek, trade union leader at Frito Lay Ltd.
2. 166. In a communication dated 31 August 2009, the Government indicates that the case was heard by the District Court in Pruszków. The judgement, dated 16 October 2008, ordered reinstatement of Mr Zagrajek in his job without loss of pay and the payment of statutory interest. The Government adds that Frito Lay Ltd. appealed against the judgement to the Regional Court in Warsaw where appellate proceedings are currently pending.
3. 167. The Committee notes the information provided by the Government. The Committee recalls that the court proceedings concerning reinstatement of Mr Zagrajek have been pending since 28 December 2005. Regretting a lengthy delay in concluding the proceedings in this case and recalling that justice delayed is justice denied [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 105], the Committee expects that the Government will be in the position to provide information on its final outcome in the very near future. The Committee also requests the Government to indicate whether Mr Zagrajek was reinstated pending appellate proceedings.