Decision-station for journalists’ strikes

A historic decision, which changes the data in the operation of the Media during strikes, was taken last week by the Athens Court of First Instance.

Following an appeal by SKAI journalists, Mars Portosalte, Noti Papadopoulou and Vassilis Chiotisthe court ruled:

1. To annul the sentences of the final dismissal imposed on Aris Portosalte and the temporary dismissal of Notis Papadopoulos and Vassilis Chiotis imposed by the disciplinary council of ESIEA, because they worked during the strike announced by their union in June 10, 2021, reacting to the labor relations bill.

2. Recognize from now on the right of journalists to inform the public during strikes and not to impose penalties on those who wish to work.

As the three journalists have already explained in their public statements, during the specific strike on June 10, 2021, they decided not to participate in the strike, because ESIEA, in its repeated harassment of their union, refused to allow it during the strike. strike, the transmission of even short news bulletins or certain news programs to inform the public about current issues (pandemic, national issues, etc.) resulting in – as every time ESIEA goes on strike – an information deficit .

Four months later, in October 2021, the primary Disciplinary Council of ESIEA decided to temporarily remove for six months from the registers of the Association for Notis Papadopoulos and Vassilis Chiotis, while for Aris Portosalte it was decided to permanently remove him.

As soon as the three journalists were informed of the decision, they decided to appeal to the Athens Court of First Instance, emphasizing that their aim is not to weaken the journalists ‘trade union movement, but to defend the journalists’ right to serve the public good of information even in times of mobilization. and with “security personnel” procedures.

At the same time, they pointed out that the journalists’ union is now the only union in Greece that imposes penalties and disciplinary sanctions on its members who wish to work without participating in a strike, while in all other sectors, such procedures have been abolished or deactivated.

With the number 3705/2022 the court acquitted the journalists by accepting their appeal and ruled the sentences of their deletion invalid.
This decision is of particular importance, because it acquires the character of case law and obliges ESIEA, when announcing strikes, to respect the obligation of its members to serve the good of informing the public, by providing relevant procedures.

According to the court decision, the journalists appealed before the Athens Court of First Instance and asked for the annulment of their deletion from ESIEA, proposing the freedom of expression, the duty of information, arguing that any attempt to silence the freedom of the press, even by the journalists’ union itself is unacceptable.

In that regard, they stated that, in the exercise of their constitutional right, they had chosen not to participate in the strike, but had not prevented or prevented their colleagues from participating in the strike notifications.

For these reasons, he accepted the allegations and annulled the decisions of ESIEA on the removal of journalists Aris Portosalte, Notis Papadopoulos and Vassilis Chiotis.

In particular, it was considered that the imposition of the disciplinary penalty of deletion by ESIEA is disproportionate and clearly exceeds the limits imposed by good faith and the purpose of ESIEA’s right. This is because the applicants did not prevent the strike in any way, they did not succeed in any way against his colleagues who participated, while on the contrary they showed solidarity with them.

At the same time, it was considered that any criticism against the mandatory participation in the strike, even if sharp, is completely legitimate in the context of a democratic society with pluralism of views.

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