The Zagreb County Court has rejected requests for an interim ban on the strike at both ZET and Zagrebački Holding. In both cases, the court ruled that the potential damage from the continuation of the strike had not been sufficiently substantiated. The court will rule on the legality of the strike itself tomorrow.
The ruling for Holding will be published at 10:30, while that for ZET is expected at 11:30. ZET had requested a ban on the strike and an interim measure against the Trade Union of Transport and Communal Services of Croatia, the Trade Union of Drivers of ZET Zagreb, and the Trade Union of Bus and Tram Transport of Croatia. The case was assigned by lot to judge Lidija Bošnjaković.
In a separate proceeding, Zagrebački Holding also sought a ban on the strike by its workers. The representative of the Holding, lawyer Denis Bajs, reminded that following the expiration of the collective agreement in May, its provisions were agreed to continue applying until a new agreement was concluded. The Holding considers that, as a result, the strike is not permitted while the provisions of the old collective agreement apply, and Bakh cited previous case law in support of this interpretation. In the view of the Holding, the trade unions should have organized the performance of essential tasks during the strike in the municipal system.
The holding company requested that the court prohibit the strike, stating that its continuation could cause irreparable damage to the city, public safety, and the transport system. The court rejected the request for an interim measure, as the holding company had not specified what damage might occur. The interim measure banning the strike for the holding company was rejected for the same reasons as for the cleaning company. The court panel was of the opinion that the content of the interim measure was not specified, i.e. that it was not specified which tasks, if not performed, would lead to irreparable damage and disruption of public order.
The Zagreb County Court also rejected the proposal by Zagrebački Holding for an interim measure to ban the strike by the workers of the cleaning company. The decision on the legality of the strike is expected on 30 September. The holding company had sought a ban on the strike, arguing that it was illegal due to the obligation of social peace in the collective agreement and that the works affected by the strike had not been determined. They warned of the possible consequences for the functioning of the city, the safety of citizens and the municipal system.
Trade union representatives rejected these arguments, stating that there was no obligation of social peace following the expiration of the collective agreement that would prevent the strike. They stated that the determination of works that could not be interrupted was not a legal prerequisite for the start of the strike, and that the employer had not initiated the relevant procedure in good time. The court rejected the proposal to examine the trade union leaders as witnesses, and after reviewing the case file and the evidence submitted, the court closed the hearing.
The Zagreb County Court is holding preliminary hearings today on two lawsuits brought by Zagrebački Holding and ZET, seeking a ban on the strike, which has entered its second day. Judge Lidija Bošnjaković opened the proceedings for ZET. No one raised objections to the composition of the court. The representative of the Trade Union of Drivers of ZET said that he had received the lawsuit only the day before, and that for this reason he had very little time to respond. The documents submitted clearly show that the lawsuit had been prepared since 9 September, and was submitted on Friday, 25 September, just before 16:00, when the departments were no longer working, thus depriving the trade union of time to respond. The lawyer added that he believed that the negotiations had been conducted without a genuine intention to conclude a new collective agreement.
The court is issuing a ruling rejecting the petitioners' request for an interim measure, as well as their monetary claims. Although the petitioners had proved the first condition, they had not made out a case for the interim measure. The hearing is scheduled for tomorrow at 10:30.
Tram and bus services have been almost completely suspended, while waste collection has been significantly reduced. On Tuesday, only individual trams and buses were in service, with citizens making their way by foot, bicycle, car, or taxi. ZET has launched bus line 228, running from Borongaj to Rebro and back. Trade unions are demanding wage increases, while the city authorities state that they cannot afford to meet their demands, pointing out that they have already offered additional wage increases. Some citizens are facing problems in getting to hospitals, while the amount of waste on the streets is increasing due to the reduced waste collection. Mayor Tomislav Tomašević has announced a new address to the public, while the trade unions have stated that they will continue the strike until an agreement is reached.
