Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 327, Marzo 2002

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

1. 101. When it last examined this case at its November 2001 session [see 326th Report, paras. 140?142], which concerns dismissals of trade unionists further to strike action, detention of unionists and acts of violence against strikers, the Committee expressed its profound regret at the inordinately long delays already observed in this matter: six years since the first order for reinstatement (October 1995) of around 1,500 leaders of the Telefunken Semiconductors Employees’ Union (TSEU); and four years since the Supreme Court had issued a decision (December 1997) ordering the immediate reinstatement, without exception, of all the TSEU workers concerned. While noting the decision issued by the Supreme Court on 18 December 2000, the Committee urged once again the Government to take appropriate measures to ensure that all TSEU workers dismissed for their participation in strike action in September 1995 be immediately reinstated in their jobs under the same terms and conditions prevailing before the strike, with full compensation for lost jobs and benefits.
2. 102. In its communication of 9 January 2002, the Government states that on 16 January 2001, the Department of Labor and Employment (DOLE) received a copy of a Supreme Court decision dated 18 December 2000, dismissing the petition filed by the Telefunken Semiconductors Employees’ Union-FFW and individual union members, Messrs. Danile Madara and Romeo Manayao, and affirming the appealed decision dated 23 December 1999. Aggrieved, the petitioner Union-FFW filed a motion for reconsideration praying that the case be remanded to the DOLE for reception of evidence. On 21 February 2001, the Supreme Court issued another resolution denying with finality the motions filed by petitioners. This prompted the petitioners to file a motion for Leave to Admit the attached second motion for reconsideration. The same was denied by the Supreme Court in a resolution dated 13 August 2001 with a directive that an entry of judgment be issued. On 20 October 2001, the petitioners filed an omnibus motion to vacate the decision with leave of court. As of date, the Department is awaiting the Supreme Court resolution on the omnibus motion or entry of judgment so that it can enforce the decision of the Supreme Court and, ultimately, close the case.
3. 103. The Committee takes due note of this information. It notes however, with deep concern, that six-and-a-half years have elapsed since the anti-trade union dismissals (which took place in September 1995) and insists once again on the fact that justice delayed is justice denied. The Committee recalls that in December 1997, the Supreme Court had issued a decision ordering the immediate reinstatement, without exception, of all TSEU workers who had been dismissed following strike action in September 1995 and therefore urges once again the Government to take appropriate measures to ensure that all these workers be immediately reinstated in their jobs under the same terms and conditions prevailing before the strike or, if reinstatement is no longer a feasible solution due to the long period since the dismissal, that they be paid full compensation in this regard.