print

Membership

Zmalinski v Poland (decision), 29 November 1995 [ECtHR]

Case no 26622/95

On 21 November 1991 the applicant's employer, a Cooperative U., transferred him to another post.

On 11 December 1991 the applicant filed an action with the Warsaw-Praga District Court (S*d Rejonowy), requesting reassignment to his previous post.

On 28 April 1992 the Cooperative's Board took a resolution to divest the applicant of his membership in the Cooperative and dismissed him from work. On 5 May 1995 he filed an action with the Warsaw Regional Court (S*d Wojewódzki), asking for the resolution of the Cooperative concerning his membership and his dismissal to be declared null and void and for reinstatement. On 14 May 1992 he submitted an alternative claim for compensation.

 ...

On 5 November 1992 the Warsaw Regional Court dismissed the applicant's action for reinstatement and compensation as it found that the dismissal was justified.

On 11 February 1993 the Warsaw Court of Appeal (S*d Apelacyjny) quashed this judgment and ordered that the case be reconsidered, finding that the Regional Court had been superficial in examining the case and had failed to cite relevant evidence to substantiate its findings.

On 16 June 1993 the Warsaw Regional Court dismissed the applicant's action for reinstatement and compensation.

On 19 August 1993 the Warsaw-Praga District Court suspended the proceedings concerning the applicant's transfer to another post, and his claim for compensation and rectification of the references, considering that the outcome of the proceedings relating to the applicant's dismissal would be decisive for the further conduct of this case. In a letter of the same day the applicant requested that the minutes of the hearing of 19 August 1993 be supplemented and rectified. He also complained that a request to take evidence which he had made on 25 March 1993 had not been dealt with.

On 22 September 1993 the applicant appealed against the decision to suspend the proceedings.

On 11 October 1993 the applicant concluded a settlement with the Cooperative before the Warsaw-Praga District Court relating to the rectification of his references.

On 21 October 1993 the Warsaw Regional Court dismissed the applicant's appeal against the decision to suspend the proceedings.

...

 On 17 March 1994 the Warsaw Court of Appeal upheld the judgment of the Regional Court of 16 June 1993.

On 16 April 1994 the Warsaw-Praga District Court resumed the proceedings concerning the applicant's transfer and compensation claim, which had been suspended since 21 October 1993.

On 8 August 1994 the Warsaw-Praga District Court dismissed the applicant's action in the proceedings concerning the applicant's transfer and compensation claim.

The applicant filed an appeal.  On 24 November 1994 the Court pronounced a judgment supplementing the judgment of 8 August 1994 and dismissing the applicant's application for the negative assessment of his work to be deleted from his personal file held by his former employer. The applicant filed a further appeal against this judgment. The proceedings are pending before the Warsaw Regional Court.

...

3. The applicant further submits that the conduct of his case by the courts amounts to a violation of Articles 8, 10 and 11 (Art. 8, 10, 11) of the Convention. In particular, his right to freedom of association was breached in that the courts accepted his being penalised by the Cooperative for criticising its governing bodies.

The Commission considers that this complaint raises no issue under the Articles of the Convention invoked by the applicant. It follows that this part of the application is manifestly ill-founded within the meaning of Article 27 para. 2 (Art. 27-2) of the Convention.

back
Submit Information

 

Search

Enter Keyword



Select one or several topic(s)

 

Jurisprudence

Compulsion to join Business associations Economic objectives Hunting associations Pension funds Restrictions Criminal convictions Non-nationals Public officials Disclosure of member's name Deportation Discriminatory treatment Failure to promote Transfer