Effect given to the recommendations of the committee and the Governing Body - Report No 376, October 2015

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

1. 82. The Committee last examined this case at its June 2013 meeting and on that occasion it made the following recommendation [see 368th Report, para. 699]:
   • The Committee requests the Government to keep it informed of any rulings handed down with respect to the transfer and subsequent dismissal of trade union officials Mr William José Morales Peralta, Mr Randy Arturo Hernández López and Mr Orlando José Jiménez Hernández.
2. 83. In its communications of September 2013, March 2014 and December 2014, the Administrative Workers’ and Teachers’ Union of the Ministry of Education (SINTRADOC) enclosed a copy of the decision of the National Labour Appeals Tribunal (a court of second instance) ordering the reinstatement of the trade union official Mr Randy Arturo Hernández López and payment of outstanding wages. SINTRADOC states that while his reinstatement took place on 12 February 2014, proceedings before the labour courts for failure to pay the 13th salary owed to him in accordance with labour law are pending. SINTRADOC also emphasizes that the first-instance rulings concerning the actions brought by the trade union officials Mr William José Morales Peralta and Mr Orlando José Jiménez Hernández are currently pending.
3. 84. In its communication of 31 October 2014, the Government indicates that the Constitutional Chamber of the Supreme Court of Justice rejected the appeal for amparo (for violation of constitutional rights) submitted by Mr Orlando José Jiménez Hernández and Mr Randy Arturo Hernández López against the dismissal decision issued by the administrative authority. The Government states, however, that, in conformity with the ruling of the National Labour Appeals Tribunal, on 12 February 2014 Mr Randy Arturo Hernández López was reinstated. The Government also encloses proof of payment of lost wages. Lastly, the Government requests that the SINTRADOC communications signed by Mr Orlando José Jiménez Hernández be dismissed as he is not registered as the Secretary-General of SINTRADOC.
4. 85. The Committee takes note of this information, in particular with regard to the reinstatement of trade union official Mr Randy Arturo Hernández López and requests the Government to keep it informed of any final rulings handed down concerning the industrial actions brought by the trade union officials Mr William José Morales Peralta and Mr Orlando José Jiménez Hernández. The Committee requests the complainant to provide information on the status of the appeal submitted to the labour courts for failure to pay Mr Randy Arturo Hernández López’s 13th salary. Highlighting that the complaints were submitted on 5 December 2011, the Committee recalls that justice delayed is justice denied and firmly expects the judicial authority to issue a ruling soon regarding the outstanding issues mentioned.