Effect given to the recommendations of the committee and the Governing Body - Report No 392, October 2020

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

1. 95. The Committee last examined this case (submitted in May 2015) at its October 2017 meeting [see 383rd Report, paras 439–454]. On that occasion, the Committee once again urged the Government to keep it informed of the outcome of the judicial review by the High Court of the trade dispute case between the employer  and the National Union of Bank Employees (NUBE), in which the Industrial Relations Court had rejected the complainant’s claims on the merits (alleging among other issues, violation of the collective bargaining agreement in force). The Committee also requested the Government to provide information on the processing and implementation of the October 2017 ruling of the Court of Appeal in favour of 27 dismissed employees. The Committee further drew the legislative aspect of the case concerning the referral of interest disputes to compulsory arbitration to the attention of the Committee of Experts on the Application of Conventions and Recommendations.
2. 96. The Government provides its observations in a communication dated 10 September 2019. It indicates that the hearing of the cases was completed in February 2019 and the last submissions were filed by both parties in June 2019. The case is currently pending decision at the Industrial Court. The Government also indicates, with regard to compulsory arbitration, that the current legislation and practice are in line with the Committee’s observations in that arbitration is limited to cases where both parties involved in the dispute request it.
3. 97. The Committee takes notes of the information provided by the Government, indicating that the hearing in the case was completed in February 2019 and that the decision is pending at the Industrial Court. While not clearly specified, the Committee understands that this information refers to the judicial review of the trade dispute case between the employer and the complainant, which had been pending during the Committee’s previous examination of the case. The Committee trusts that the proceedings in this respect will be finalized without delay. Further observing the absence of information from the Government or the complainant on the processing and implementation by the Industrial Court of the October 2017 ruling of the Court of Appeal in favour of 27 dismissed employees, the Committee trusts that the ruling has since been given effect. Finally, the Committee recalls that it had previously decided to refer the legislative aspect of this case concerning compulsory arbitration in cases involving interest disputes to the Committee of Experts. In these circumstances, the Committee considers this case closed and will not pursue its examination.