Estonia, Financial Services, Legislation, Transport

The court deemed the dismissal of the representative unlawful and demanded that he be reinstated in his job and compensated for lost wages.

Transiidikeskus was ordered to pay Mastepan 8,524 euros as wages for the time he was not working and to shoulder legal costs.

"We're satisfied with the court's decision. The ruling concluded that an employer with reasonable consideration of employees must realize in more than ten years that a part of its workforce has unionized," EMSA chairman Juri Lember said.

But he pointed out that despite the ruling Mastepan could not return to work on Wednesday as the employer gave him notice "for economic reasons" by express delivery. As far as EMSA knows, the company has no reason for laying off staff: it recently hired a new docker and Mastepan's former unit consists of eight workers like it did in October last year when the representative was fired.

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 last fall and both sides have taken legal action against one another.