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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body
- 23. At its March 1998 meeting, the Committee asked the Government to keep it informed of developments in the procedure against the Mariposa S.A. bottling enterprise relating to acts of anti-union discrimination and requested the Government to take measures for the reinstatement of those dismissed in their jobs if it were confirmed that they had been dismissed for their trade union activities (see 309th Report, para. 261(c)).
- 24. In a communication dated 23 March 1998, the Government sent a copy of the judgements of first and second instance relating to this matter. The latter judgement confirms the lower court's decision to fine the enterprise "for having contravened the laws of labour and social welfare by not reinstating in their jobs" two workers who had been dismissed without legal cause.
- 25. The Committee notes this information but observes that in the facts outlined in the judgement no mention is made of the persons concerned being trade unionists or that they had been subjected to anti-union measures. Given this situation, the Committee will not pursue its examination of this question.
- 26. Nevertheless, the Committee regrets that no observations were provided on the other pending questions relating to this case, and it therefore repeats the recommendations it formulated in this connection at its March 1998 meeting (see 309th Report, paras. 261(b), (c) and (d)).
- (b) The Committee requests the Government to keep it informed of developments in the inquiries into the rape of trade unionist Vilma Cristina González and into the detention of the trade unionists Eswin Rocael Ruiz Zacarías, Edwin Tulio Enríquez García and Belarmino González de León.
- (c) As regards the allegations relating to acts of discrimination (International Textile Corporation enterprise, El Salto farm, and Las Delicias farm) the Committee once again stresses the importance of remedying all acts of anti-union discrimination and asks the Government to keep it informed of the progress of these procedures. The Committee requests the Government to take measures for the reinstatement of those dismissed in their jobs if it is confirmed that they were dismissed for their trade union activities.
- (d) The Committee requests the Government to keep it informed of the results of the legal proceedings currently under way relating to the dismissal of trade unionists Juan José Morales Moscoso and Everildo Revolorio Torres and to take measures for the reinstatement of those dismissed in their posts if it is confirmed that they were dismissed for their trade union activities.
