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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body- 64. The Committee last examined this case, which concerns numerous acts
of anti-union intimidation and discrimination, including dismissals, lengthy proceedings
and non execution of judicial decisions, at its meeting in June 2013 [see 368th Report,
paras 120–123]. On that occasion, with regard to the case against 19 senior managers of
SIPMA SA, the Committee requested the Government to: (i) keep it informed of progress
made concerning the retrial before the District Court in Lublin of two of the
defendants; and (ii) to indicate the status of the proceedings before the Court of
Appeal concerning the other 16 defendants. The Committee once again firmly expected that
the proceedings pending before the Court of Appeal and the District Court in Lublin
would be concluded without any further undue delay, and requested the Government to keep
it informed of progress made and to transmit a copy of the judgment once handed
down.
- 65. In its communication dated 9 December 2013, the Government sends
copies of three judgments delivered in the case against 19 members of the management
staff of SIPMA SA: the decision issues on 29 December 2010 by the District Court in
Lublin; a ruling handed down on 27 January 2012 by the Region Court in Lublin; and a
decision delivered on 15 March 2013 by the District Court in Lublin.
- 66. The Committee notes the information provided by the Government and
recalls from its previous examination of the case that, out of the 19 senior managers of
SIPMA SA charged with offences – under the Act of 23 May 1991 on the settlement of
collective disputes, the Penal Code and the Act of 23 May 1991 on trade unions – on 14
October 2003, 18 were found guilty by the District Court in Lublin on 29 December 2010
and lodged an appeal. The Committee understands from the judgement handed down on 27
January 2012 by the Regional Court in Lublin that: (i) the contested District Court
judgement of 29 December 2010 was repealed in whole as regards eight defendants; (ii)
the contested District Court judgment was party repealed and partly confirmed as regards
two defendants; and (iii) in the case of two defendants, the contested District Court
judgment was partly repealed and party quashed for retrial by the District Court in
Lublin. In this respect, the Committee understands from the judgment handed down on 15
March 2013, after retrial, that the two defendants have been acquitted and the
proceedings against them discontinued. The Committee requests the Government to confirm
its understanding as set out above, and to clarify the status of appeal proceedings
filed by six defendants (out of the 18) who were not explicitly named in the Regional
Court judgment of 27 January 2012.
