Effect given to the recommendations of the committee and the Governing Body - Report No 362, November 2011

Effect given to the recommendations of the Committee and the Governing Body

1. 92. The Committee last examined this case, which concerns alleged acts of anti-union discrimination and refusal to recognize the Syndicat des Travailleurs des Etablissements Privés (STEP) by the Phil Alain Didier Co. Ltd (PAD), at its November 2010 meeting [see 358th Report, paras 68–74]. On that occasion, the Committee requested the Government to provide further information as to the existence of any representative organization in the PAD, as well as to whether the STEP, taking into account the provisions of the ERA, may negotiate with the company, in the absence of an exclusive bargaining agent, at least on behalf of its own members. It further requested that the necessary steps be taken without delay to ensure that Mr Martinet is reinstated in his former position with compensation for lost wages and benefits. As regards the dismissal of Mr Lagaillarde and the pending criminal proceedings, the Committee expected that a ruling would be handed down expeditiously, and that, should Mr Lagaillarde be acquitted of the charges, steps would be taken without delay to reinstate him in his post without loss of wages or benefits.
2. 93. In communications dated 27 April and 12 October 2011, the Government indicates that no representative workers’ organization presently exists in the company, as the employees of the company are neither members of STEP nor of any other trade union. The Government further indicates that any workplace issue is discussed directly between the workers and management.
3. 94. With regard to the dismissal of Mr Martinet, the Government indicates that the case of unjustified termination of employment against the company which had been fixed for trial at the Industrial Court on 27 September 2011 has been postponed to 26 March 2012.
4. 95. With regard to the dismissal of Mr Lagaillarde, the Government indicates that, upon advice of the Director of Public Prosecution, Mr Lagaillarde was being prosecuted for “interfering with motor vehicle” and that he was convicted to pay a fine on 19 September 2011. The case of unjustified termination of employment lodged against the company by Mr Lagaillarde which had been set for trial on 15 June 2011 has been postponed to 8 February 2012.
5. 96. The Committee takes due note of the above information provided by the Government, in particular that there exists presently no representative workers’ organization in the PAD. The Committee requests the Government, as well as the complainants, to provide further information on the status of the STEP in the PAD, including the decision of the Employment Relations Tribunal and the results of the secret ballot organized on 13 June 2009 as well as the recommendations of the Industrial Relations Commission of 2 July 2008 supporting the recognition of the STEP by the PAD in respect of its manual employees for collective bargaining purposes.
6. 97. With respect to the dismissals of Mr Martinet and Mr Lagaillarde, the Committee notes that judicial proceedings are still ongoing 4 and 2.5 years respectively after their dismissals. The Committee recalls that cases concerning anti-union discrimination contrary to Convention No. 98 should be examined rapidly, so that the necessary remedies can be really effective. An excessive delay in processing cases of anti-union discrimination, and in particular a lengthy delay in concluding the proceedings concerning the reinstatement of the trade union leaders dismissed by the enterprise, constitute a denial of justice and therefore a denial of the trade union rights of the persons concerned [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 826]. The Committee expects that rulings in all remaining cases will be handed down without delay and that steps will be taken without delay to reinstate both trade union members in their posts without loss of wages or benefits, subject to Mr Lagaillarde being acquitted of criminal charges. The Committee requests the Government to keep it informed of developments and to provide it with copies of all judgments relevant to this case.