Effect given to the recommendations of the committee and the Governing Body - Report No 372, June 2014

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

1. 33. This case was examined by the Committee at its June 2013 meeting. It concerns allegations of anti-union discrimination against members of the TELECEL Employees’ Free Trade Union (SYLET), in particular the dismissal of seven trade union officials and acts of interference by the employer [see 368th Report, paras 380–410]. In its recommendations, the Committee requested the Government: (a) to take the necessary steps, particularly through the inspection services, to investigate the serious allegations of anti-union acts and to keep it informed of the outcome; (b) to indicate whether the seven SYLET executive committee members who were dismissed by the MOOV–GABON company have been reinstated as required by the decision of the Directorate-General of Labour in October 2011 and upheld by a ministerial decision of January 2012; and (c) to indicate the extent to which effect has been given to the agreements reached in September 2010 between SYLET and the enterprise as a result of the conciliation procedure.
2. 34. In a communication of 31 December 2013, the Government states that an investigation into the allegations of anti-union acts against SYLET members was conducted and found the allegations to be true. An official letter was sent to the enterprise, ordering it to put an end to the practices that had been noted. With regard to the reinstatement of the seven SYLET executive committee members, the enterprise indicated that that is not possible, on the grounds of a breach of trust. Lastly, the Government states, in relation to the September 2010 agreements, that the “car plan policy” was being implemented, with loan agreements signed with banks to enable employees to take out loans to purchase a vehicle, property or small appliances.
3. 35. The Committee takes due note of the information provided by the Government and welcomes the measures taken to implement its recommendations. As for the MOOV–GABON company’s failure to reinstate the seven SYLET executive committee members on the grounds of a breach of trust, the Committee requests the Government to inform it of the outcome. In this respect, the Committee recalls its previous recommendations in which it stated that if reinstatement is not possible, the necessary measures must be taken to ensure that appropriate compensation is paid, such as to constitute an adequate deterrent against acts of anti-union discrimination. The Committee observes that the administration concluded that there was anti-union discrimination in this case.