We have been writing for over a year about the conflict between the management of Zakłady Ceramiczne „Bolesławiec” (ZCB) and the trade unionists. President Arkadiusz Grzesikowski and board member Wojciech Huczyński – Coalition Civic Platform nominees in these positions – summarily dismissed the chairwoman and treasurer of the ZCB Workers' Trade Union. The woman was a protected employee. There are three dismissed protected employees. The case of the first woman ended in a settlement favorable to her.

The second is the summarily dismissed union chairwoman Agata Rusiecka, who was reinstated pending trial. The management appealed that court decision.

The labor court in Bolesławiec is currently handling the third case seeking reinstatement, concerning treasurer Bożena .

For coming to work

Bożena was summarily dismissed after 27 years of work, allegedly for something she did not do.

– I was dismissed because I allegedly worked while on sick leave, but I did not work while on medical leave – says Bożena. – On top of that, they got the dates wrong, because they dismissed me for being at the doctor on August 14, while my sick leave began on August 18, because I worked as a hostess at the Ceramics Festival on August 15 and 16 – the woman adds.

The dismissed woman was supposed to begin rehabilitation after the Ceramics Festival, for which she had received a doctor's sick note.

– This is a standard case – the doctor testified. – The visit took place on August 14, before three statutory days off work. The rules for certifying incapacity for work clearly state that if a patient reports on a day followed by statutory days off work, we (doctors – ed.) are entitled to issue leave dated in the future, up to a maximum of four days from the date of the visit. That is the sick leave that was issued – the doctor added.

Incapacity for work and an L4 sick note. The doctor's testimony

The doctor was questioned by ZCB's attorney, attorney-at-law Pawła Żuradzkiego , about whether, from a medical perspective, a patient is either fit or unfit to work, or whether states of partial incapacity for work exist.

– States of partial incapacity for work do exist – the doctor explained. – A disability pension exists, which is an example of partial incapacity for work. We must consider the nature of the job. If a patient has hemorrhoids, I may determine that they are unfit to work when the job involves sitting, while for another patient with the same problem I may determine that they are fit to work because they walk all the time at work, so it even has a therapeutic effect.

She worked as a hostess at the Ceramics Festival

Bożena testified that during the Ceramics Festival her work involved assisting with workshops for painting bisque ware.

– I did not lift anything; I carried the bisque pieces one at a time and wiped the tables because the paints make them dirty – the dismissed woman explained. – During this work, President Grzesikowski approached me and asked me himself how people were reacting and how the workshops were going, and I told him how positively visitors rated the activity and how much fun they were having here – the woman added.

Labor court hearings are open to the public. Several ZCB employees supported Bożena during the hearing.

More about the situation at ZCB can be found in our reports.