Definitive Report - Report No 120, 1971

1. 70. The Committee examined this case at its February 1970 session, at which time it submitted to the Governing Body an interim report which is to be found in paragraphs 54 to 65 of its 117th Report, approved by the Governing Body at its 180th Session (May-June 1970).
2. 71. In paragraph 65 of that report, the Committee made a recommendation to the Governing Body that it should request the Government for information with respect to the only allegation still outstanding: that concerning the dismissal of the trade union leader, Mr. Rafael Herrera.
3. 72. The Government supplied the information requested by a communication dated 15 July 1970.

A. A. The complainants' allegations

1. 73. In the complaint it had been stated that Mr. Rafael Herrera, Chairman of the National Workers' Union of the National Local Roads Fund, had been dismissed by the manager of the Cundinamarca District Local Roads Fund, an autonomous official body. In the complainant's opinion, this action was in breach of the laws which prohibit the dismissal of trade union leaders without prior authorisation from a labour magistrate. The Government had replied to these allegations to the effect that Mr. Herrera had been dismissed for having absented himself from his work without asking his employer for permission beforehand, as he was required to do by law, although his employer was bound by law to grant him time off to carry out trade union work. The Government explained that the legal guarantee which protected trade union officials by prohibiting their dismissal without prior authorisation from a magistrate did not apply to public employees, to which category Mr. Herrera belonged. The Government added that Mr. Herrera had lodged an appeal with the ordinary labour court, which would rule on the legality of his dismissal.
2. 74. Following its constant practice in cases where a matter was the subject of pending national judicial proceedings and these proceedings were attended by proper guarantees of due process of law, the Committee decided to postpone its examination of the case until it was in possession of information as to the outcome of the proceedings.
3. 75. In its communication of 15 July 1970, the Government states that on 17 November 1969, Mr. Herrera withdrew his action against the Cundinamarca District Local Roads Fund before the Third Labour Judge of the Circuit, agreement having been reached as to what was owed to him in the way of salary adjustments, bonuses and allowances.