Dismissal of a railway union leader: freedoms of expression and association claims deemed inadmissible

Facts

The author, a Latvian national and president of the Solidarity Trade Union of Lithuanian Railways Workers, worked for Lithuanian Railways until 2015. Fearing reprisals due to his union leadership and activism, he refused to sign inspection forms, instead writing, “I do not accept responsibility.” His concerns stemmed from past experiences, including organizing protests against union persecution and corruption, which led to government repression and his dismissal. Though reinstated, he feared further retaliation. In 2015, he again refused to sign forms, believing delayed departures could be used to frame him for accidents. On 28 September 2015, he was dismissed again, and his appeals were unsuccessful.

The author claims that the State party violated his freedom of expression and freedom of association under articles 19 and 22 of the Covenant.

Admissibility

The Committee found the author’s claim under article  19 of the Covenant to be inadmissible. While the Committee acknowledged that the author’s signature refusing responsibility was a protected opinion under article 19 of the Covenant, the author failed to provide any objectively reasonable justification and that neither he faced sabotage or false accusation in his 20 years before nor that he raised these concerns to his employer. Therefore he could not justify complying with his ordinary and essential job duties.

Furthermore, the Committee rejected the claimed violation of article 22, as his dismissal resulted directly from his refusal to perform an essential element of his professional duties. Additionally, the Committee found no evidence indicating that his dismissal resulted from his role or activities in a trade union nor has he provided indications that, during the disciplinary proceedings, he faced arbitrariness or bias that could have resulted from his trade union role.