Effect given to the recommendations of the committee and the Governing Body - Report No 368, June 2013

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

1. 120. 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 March 2012 [see 363rd Report, paras 202–205]. On that occasion, the Committee reiterated its requests to the Government and the complainant organization to indicate whether Mr Jedrejek had been reinstated and, if not, it once again urged the Government to take the necessary steps to ensure his full reinstatement pursuant to the Court’s decision. The Committee also firmly expected that the proceedings in the case against 19 senior managers of SIPMA SA pending before the Court of Appeal would be concluded without any further undue delay and once again requested the Government to keep it informed of progress made and to transmit a copy of the judgment once handed down.
2. 121. In its communication dated 4 September 2012, with regard to the issue of reinstatement of Mr Jedrejek, the Government indicates that he was reinstated in accordance with the judgement of the District Court in Lublin. With regard to the case against 19 senior managers of SIMPA SA, the Government indicates that, in the case of two defendants, the trial was quashed for retrial by the District Court in Lublin and the next hearings were to be held on 4 and 20 September 2012.
3. 122. The Committee notes the information provided by the Government. With regard to the issue of reinstatement of Mr Jedrejek, the Committee notes with satisfaction that the company has informed the Government that he was reinstated in accordance with the judgement of the District Court in Lublin.
4. 123. With regard to the case against 19 senior managers of SIMPA 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, the Committee notes the Government’s indication that in the case of two defendants, the trial was quashed for retrial by the District Court in Lublin and that the next court sessions were to be held on 4 and 20 September 2012. No information was provided concerning the other 16 defendants. The Committee recalls from its previous examination of the case that 18 of the 19 managers were found guilty by the District Court in Lublin on 29 December 2010 and lodged an appeal before the Court of Appeal. The Committee requests 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 recalls that the penal case has been pending since 2003 and emphasizes that justice delayed is justice denied [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, para. 105]. The Committee once again firmly expects that the proceedings before the Court of Appeal and the District Court in Lublin will be concluded without any further undue delay and requests the Government to keep it informed of progress made and to transmit a copy of the judgments as soon as they have been handed down.