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THE LUNINETS COURT ADOPTED UNLAWFUL DECISION AGAINST OLEG STAKHAEVICH - LEADER OF INDEPENDENT UNION AT RUPP “GRANITE” COMPANY



The BKDP is going to challenge in the higher court the decision of the Chair of Luninets court Vasili Belski dated 11 April 2011 denying the claim for reinstatement of Oleg Stakhaevich, leader of Independent union at RUPP “Granite” Company. Moreover, the BKDP will address the International Labor Organization (ILO) and ask it to consider this fact as an addendum to the pending case 2090 in the ILO on violations of trade union and workers’ rights in Belarus.

Oleg Stakhaevich despite the judge’s decision was optimistic. “We are thinking in a global and strategic ways. We have already won the victory and we shall win in future”. All those who came to support Oleg Stakhaevich shared his view. Those were Anatoli Litvinko, workers of “Granite” Company, BKDP leader Alexander Yaroshuk, his Deputies Siarhei Antusevich and Gennady Fedynich, members of Independent Miners’ Union (NPG), Belarusian Independent Union (BNP), Free Metalworkers’ Union (SPM), Belarusian Free Trade Union (SPB), REP union and journalists from independent mass media. The court room as during the previous hearing was full. Valentin Stakhaevich, the father of Oleg Stakhaevich, said that he was proud of his son.
 
 Ole Stakhaevich
 
"In support of our claims, we have submitted all evidences to the court. The defendant failed to submit practically not a single argument to justify the refusal to transfer Oleg Stakhaevich to a position of an assistant to a rig machinist with prior retraining. Once again I emphasize that in accordance with the Labor Code in this particular case the transfer to another job and retraining is the responsibility of the employer but not his right. – said the head of BKDP legal department Elena Eskova, who represented the interests of Oleg Stakhaevich in the court.
Elena Eskova added with regret that the judicial perspectives of this case were quite clear and predictable to her.

  Elena Eskova
          The proof of degradation of judicial system in Belarus was an illiterate from the view point of law the intervention of the prosecutor Tatyana Svibovich, who stated that the employer acted in a very “noble way” offering Oleg Stakhaevich a list of vacancies consisting of 22 jobs although he could very well offer one or two only. And also she stated that the employer had the right to consider that the retraining of Oleg Stakhaevich was not reasonable. Moreover, the prosecutor considered that since there was no collective bargaining agreement, where the Belarusian Independent Trade Union could act as a party of, the employer, in line with Art. 46 of the Labor Code, was not liable to notify the union on the dismissal of the leader of primary union organization Oleg Stakhaevich two weeks prior. Similar arguments were used by the judge Basil Belsky when adopting his decision. It is obvious that the Belarusian court could not recognize the necessity of notifying the independent union on dismissal of the leader of primary organization, otherwise it would have recognized its legitimacy, - said Elena Eskova.

          The head of BKDP legal department considers that the court's decision was absolutely unlawful. "From a professional point of view,  the defendant, the prosecutor and the judge looked like mean and impoverished caricatures in the eyes of all those who attended the three sessions of the court," - said Elena Eskova.


 Luninets district court
          We recall that on December 24, 2011 the workers of “Granite” Company held a founding conference at which they, in line with the BNP Statute, have set up a primary union organization and have become its members. Oleg Stakhaevich was elected as a chairperson of BNP primary union organization. The employer of RUPP "Granite" Company, local authorities, the police and the KGB have launched a wide-scale campaign to hinder the activities of newly formed independent union organization, and to start the harassment of its members and its leader.

            Oleg Stakhaevich was fired from RUPP "Granite" Company on February 16 of this year. But before the dismissal he was deprived of his license as a driver of “BELAZ” heavy-duty quarry truck. When dismissing the leader of independent union the employer refused to offer him another job despite the fact that he had a specialized secondary education and higher education too.


13.04.2012




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