Effect given to the recommendations of the committee and the Governing Body - Report No 320, March 2000

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

1. 93. The Committee last examined this case at its meeting in November 1998 when it once again urged the Government to amend sections 98, 99, 100, 106 and 107 of the Labour Relations Act so as to ensure that compulsory arbitration may only be imposed with respect to essential services and in cases of acute national crisis. It further requested the Government to keep it informed of any measures taken to ensure the reinstatement in their jobs of those workers who were dismissed as a result of their participation in the Standard Chartered Bank strike of April 1997 under the same conditions of employment and with the same benefits as were enjoyed prior to the strike. Finally, it requested to be kept informed of the outcome of the case of these workers before the Labour Relations Tribunal (see 318th Report, paras. 89-91).
2. 94. In a communication dated 11 January 2000, the Government sent a copy of the judgement rendered by the Labour Relations Tribunal in respect of the case of the workers at the Standard Chartered Bank and indicated that Standard Chartered Bank has appealed this case to the Supreme Court. The Government indicates that it will furnish a copy of the Supreme Court's judgement as soon as it is rendered and states that it will respect the final judgement reached.
3. 95. The Committee takes due note of the judgement of the Labour Relations Tribunal. In particular, the Committee notes the Labour Relations Tribunal finding that the employer's conduct in choosing the employee representatives on the Grievance and Disciplinary Committee which was to consider the dismissals of the 211 bank workers constituted a fundamental breach of the Code of Conduct rendering the proceedings, and thus the dismissals, null and void. The Labour Relations Tribunal thereby ordered the reinstatement of the 211 workers in question without any loss of salary or benefits with effect from the date of the unlawful dismissal. This decision is now being appealed by the Bank to the Supreme Court. The Committee nevertheless notes from this judgement that the workers of Standard Chartered Bank have been obliged to follow a long and circuitous route through the courts in order to resolve their dispute. Nearly three years have elapsed since their dismissal yet the workers in question have not yet been reinstated. The Committee must therefore recall 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 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, 4th edition, 1996, para. 749). The Committee regrets this delay of justice even more so in view of its recommendation to the Government in March 1998 to take the necessary measures to ensure the reinstatement of those workers dismissed as a result of their participation in the Standard Chartered Bank strike of April 1997. The Committee trusts that the final judgement of this case will be rendered in the very near future and that these workers who were dismissed for the exercise of legitimate trade union activity will be promptly reinstated without loss of salary or benefit. It requests the Government to transmit a copy of the Supreme Court judgement as soon as it has been handed down.
4. 96. The Committee further regrets that the Government has not supplied any information concerning measures taken to amend the provisions of the Labour Relations Act which provide for compulsory arbitration. It would point out that a 1999 Labour Relations Amendment Bill has been brought to its attention which, while making certain cosmetic amendments to the Act as concerns compulsory arbitration, retains the possibility of the labour officer or appropriate authority to refer a dispute to compulsory arbitration and provides that any engagement in collective job action at such time may be punishable with up to two years' imprisonment. The Committee notes these proposals with concern and would recall that ILO technical assistance is available in the event the Government might wish advice on the conformity of this Bill with the principles of freedom of association. The Committee continues to urge the Government to take the necessary measures to amend the relevant sections of the Labour Relations Act so as to ensu
   • re that compulsory arbitration may only be imposed with respect to essential services and in cases of acute national crisis and requests the Government to keep it informed in this regard(JM1).