Celebration for Estonian dockers.
Good news for dockers working for
Transiidikeskuse AS in Tallinn, Estonia have finally been granted their
Christmas bonus……..from 2012!
The employer didn't give workers
their bonus saying it was because one of their team had been involved in an
accident. The union considered this to be discrimination but their approaches
to the company were unsuccessful so they pursued the case through the courts.
Now the court has ruled in favour of
the workers saying that it's not acceptable for employers to collectively
punish their workforce. They said the actions of the employer were against the
principles of equal treatment.
Transiidikeskuse AS kohtusaaga sai õnneliku lõpu
The court saga of Transiidikeskuse AS got happy ending.
Little bit about history. On
December 2012 employer did not pay Christmas bonus to one of his working
team, because one member of the working team made an accident before. The
employer used so-called collective punishment, although rest of the working
team members were not guilty in this accident. When the workers turned to us
with their problem, we found that the employer was discriminating his workers
and that this working team has all the rights to get Christmas bonus like the
rest of the workers in this firm. As the employer did not share our opinion, we
turned to court, which finally gave right to us.
This judgement has marginal meaning
not only to us, but also to all workers of Estonia. With this got clear, that
the law of equal treatment must apply more widely and although this law
includes criterions, which count as unequal treatment, then an employment
relationship must count other circumstances too. The court found that if most
workers get Christmas bonus and there was no objective ground for personal
punishment, also the rest of workers have to get it despite where they were
working at the same time when accident accrued caused by member of their shift
or not. . Collective punishment is not anymore allowed in now day’s employment
relationships and doing so employer violates the principle of equal treatment.
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