Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 359, Marzo 2011

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

1. 147. The Committee last examined this case – which concerns discriminatory acts (attempts to curtail freedom of expression, suspension without pay, work transfers, termination of employment, withholding of financial incentives and filing a libel lawsuit against a trade union leader) against trade union members in retaliation for having participated in anti-corruption proceedings and protests targeting the Technical Education and Skills Development Authority (TESDA) – at its March 2010 meeting [see 356th Report, paras 150–157]. On that occasion, recalling that this case refers to the decision to drop from the payroll Annie Geron, Mitzi Barreda, Rafael Saus, Luz DG Galang and Conrado Maraan Jr and noting the Government’s statement that measures for the reinstatement of Annie Geron, Mitzi Barreda and Rafael Saus were being considered, the Committee reiterated its request to the Government to take the necessary measures to ensure that their transfer orders are annulled, and that they are reinstated in their previous posts and compensated for any wages lost in relation to their transfers. The Committee also expected that the pending motion concerning Ramon Geron would soon be heard by the Civil Service Commission (CSC). As to its other recommendations, the Committee repeated its requests to the Government to: (1) institute an independent inquiry without delay in respect of the allegations relating to the non-payment of the 10,000 Philippine pesos (PHP) incentive to several union members and, if it is found that they were denied the incentive because of their trade union membership or activities, to ensure that they are fully paid the same incentive bonus as other workers; and (2) inform it of developments regarding the libel action initiated by Mr Syjuco against Ms Annie Geron for statements made to the press, and to transmit a copy of the court’s judgement as soon as it is handed down.
2. 148. In a communication dated 4 January 2011, the Public Services Labor Independent Confederation (PSLiNK) indicates that the TESDA, through the consistent follow-up of the Department of Labor and Employment Secretary, Ms Rosalinda D. Baldoz, the PSLiNK and Public Services International (PSI), is currently implementing the recommendations of the Committee, as well as the follow-up of the high-level mission which visited the country in September 2009. More particularly, the complainant indicates that in April 2010, Ramon L. Geron was reinstated as Director III in TESDA Region IV-A and received back salaries and benefits. It also indicates that in 2009 and 2010, Ms Luz DG Galang and Mr Conrado Maraan Jr returned to TESDA Central Offices, on the basis of the CSC invalidated work transfer orders. Moreover Ms Annie Geron and Mitzi Barreda were paid the equivalent of three months salaries, after having been penalized with preventive suspension by the then TESDA Director-General, Augusto L. Syjuco Jr The payments were made in December 2010. Furthermore, the complainant indicates that Ms Mitzi Barreda and Mr Rafael Saus have been reinstated in TESDA Region IV-A under job order appointments, pending a permanent appointment to the same or to an equivalent position (the appointments are now undergoing administrative processes). In conclusion, the complainant indicates that what remains to be implemented, is the full payment of back wages, benefits and entitlements to Ms Annie Geron, Mitzi Barreda and Mr Rafael Saus covering the period February 2007–December 2010. It adds that Ms Geron decided not to return to TESDA under the same pay and conditions prior to the case.
3. 149. The Committee takes note with interest of the information provided by the complainant as to the measures taken by the Government in respect of the trade unionists involved in this case. It notes in particular that the TESDA, through the consistent follow-up of Department of Labor and Employment Secretary, Rosalinda D. Baldoz, the PSLiNK and Public PSI, is now implementing its recommendations, as well as the follow-up of the high-level mission. As to the situation of the trade unionists, the Committee notes the complainant’s indication that: (i) in April 2010, Ramon L. Geron was reinstated as Director III in TESDA Region IV-A and received back salaries and benefits; (ii) in 2009 and 2010, Ms Luz DG Galang and Mr Conrado Maraan Jr returned to TESDA Central Offices on the basis of the CSC invalidated work transfer orders; (iii) Ms Annie Geron and Mitzi Barreda were paid the equivalent of three months’ salaries, after having been penalized with preventive suspension by the then TESDA Director-General, Augusto L. Syjuco Jr. The payments were made in December 2010; and (iv) Ms Mitzi Barreda and Mr Rafael Saus were reinstated in TESDA Region IV-A under job order appointments, pending a permanent appointment to the same or to an equivalent position (the appointments are now undergoing administrative processes). Finally, the Committee notes the complainant’s indication that the remaining element being discussed is the full payment of back wages, benefits and entitlements to Annie Geron, Mitzi Barreda and Rafael Saus covering the period February 2007–December 2010. It also notes that Ms Geron decided not to return to TESDA under the same pay and conditions prior to the case. In these circumstances and welcoming these developments, the Committee expects that the Government will continue to use its good offices to find a solution to the pending issues.