Estonia, Legislation, Port, Transport, Wages

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.