Joanna Bielcka, mediator in the International Mediation Centre
4th CASE UNDER MEDIATION
– an employer, a young Polish subsidiary of a western developer in Poland represented by the President, who doesn’t speak Polish and doesn’t know Polish employment law
– an architect, who was dismissed
AMOUNT IN DISPUTE:
– 3 months remuneration of the employee i.e. over PLN 30 000, additional costs if lost in a long court proceeding – remuneration for the whole duration of the dispute e.g. approx. a year, costs of legal service, sworn translations etc.
SHORT DESCRIPTION OF THE MATTER, INCLUDING THE REACHED SETTLEMENT
The employee contacted a mediator when as a result of a conflict with the company’s President dismissed her with immediate effect and told her to leave the company building immediately.
The mediator suggested addressing the company in the form of a letter which would cover a detailed description of the company’s activity and possible consequences together with suggestions of particular steps in order to reimburse the violation of the employee’s rights and to satisfy her claims in accordance with Polish employment law.
The letter which was prepared by the employee with the assistance of the mediator, including suggestions of particular steps in order to solve the dispute was well received by the President.
The company avoided possible consequences at low cost and the satisfied employee did not file a claim in the employment court. The conflict was solved through termination of employment by mutual consent with 2 weeks termination period.