Estonian Seamen's Independent Union
refer dispute with Transiidikeskus to Public Conciliator
BC, Tallinn,
15.11.2017.
The Estonian
Seamen's Independent Union (EMSA) has turned to the public conciliator with a
request to mediate in a collective employment relationship dispute with the
transit operator Transiidikeskuse AS in relation to the dismissed employee
representative Sergei Mastepan, reports LETA/BNS.
The union said
Transiidikeskuse AS was not fulfilling the decisions of the court related to
allowing the elected representative of employees to return to his job.
"This
company has obvious difficulties understanding the nature of the contemporary
employment relationship and respecting the rights of employees. At the moment
we are trying to bring in the institution of public conciliator in order to
have an impartial mediator to help restore normal social dialogue," EMSA
chairman Juri Lember said.
The Estonian
Supreme Court at the beginning of this year left in force the decision of a
second-tier court according to which Transiidikeskus AS unlawfully fired the
EMSA representative of employees, Sergei Mastepan.
As the Supreme
Court did not satisfy an appeal of Transiidikeskus, the Oct. 31, 2016 decision
of the Tallinn circuit court took effect, which deemed the dismissal of the
representative unlawful and demanded that he be reinstated in his job and
compensated for lost wages.
According to
Transiidikeskus the dismissal of the representative was not related to his
status in the trade union but was due to disciplinary breaches. The court found
however that none of the breaches listed by the company, on the basis of which
the labor relationship with Mastepan was terminated, was such that it would
allow to view Mastepan as a chronic offender against duties of employment or a
dangerous employee.
"The
accusations of Transiidikeskus are rather far-fetched and the court considers
the employer's wish to get rid of employees' representative to be the real
reason for dismissal," the court said.
The relations
between the union and Transiidikeskus soured in the fall of 2015 and both sides
have taken legal action against one another.
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