Effect given to the recommendations of the committee and the Governing Body - Report No 338, November 2005

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

1. 22. The Committee examined this case relating to acts of anti-union discrimination against the complainant organization’s assistant secretary at its March 2005 meeting [see 336th Report, paras. 179-193]. On that occasion it made the following recommendation:
   • Observing that: (1) the judicial authority rejected the National Institute of Social Services for Persons Receiving Retirement Benefits and Pensions’ application for the lifting of trade union protection and the authorization of dismissal against trade union official Mr. Praino, in particular noting in the judgment acts demonstrating anti-union intentions on the part of the aforementioned Institute; and (2) the fact that the Institute appealed against the said ruling, the Committee requests the Government to forward a copy of the decision regarding the appeal as soon as it is rendered.
2. 23. In a communication dated 9 June 2005, the complainant organization, the National Coordination of State Workers (CONATE) refers to the lawsuit “National Institute of Social Services for Persons Receiving Retirement Benefits and Pensions v Praino Raúl, Lifting of Trade Union Protection” currently before the Federal Court of the Republic of Argentina, and states that the decision of the Court of Second Instance confirms that of the Federal Court of First Instance which decided in favour of Raúl Praina, noting anti-union discrimination and treatment against the assistant secretary of CONATE. The complainant organization states that, with the decision by the Court of Appeal not only to uphold the decision to reject the withdrawal of trade union privileges and subsequent dismissal of Mr. Praino, but also to uphold the reasons on which this decision was based, it is imperative that the Committee express an opinion on the matter, calling attention to the anti-union conduct shown, and urge the Argentinean Government to take steps to prevent such conduct occurring in situations similar to those that gave rise to the complaint.
3. 24. In communications dated 14 July and October 2005, the Government states that it has been informed that the decision of the Second Instance of the Federal Court of Appeal of the City of Rosario – Province of Santa Fe – upheld the decision of the Court of First Instance and that the plaintiff has filed the appropriate extraordinary appeal.
4. 25. The Committee recalls that no person should be discriminated against in his or her employment as a result of his or her legitimate trade union activities or membership, whether present or past. The Committee notes this information and, in particular, that the judicial authority of the second instance upheld the decision that rejected the request for the lifting of trade union privileges and authorization for dismissal filed by the National Institute of Social Services for Persons Receiving Retirement Benefits and Pensions against the trade union official Praino Raúl. In this respect, the Committee requests the Government to keep it informed of. the outcome of the extraordinary appeal filed in relation to the judicial decision of the Court of Second Instance.