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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
- 19. The Committee last examined this case at its November 2004 meeting [see 335th Report, paras. 209-227] and on that occasion made the following recommendations:
- The Committee requests the Government to keep it informed of the outcome of any judicial action initiated by the dismissed or suspended trade unionists mentioned in the complaint in the Alberdi S.A. (COMODIN Supermarkets) enterprise and expects that, if the dismissals and suspension of these trade unionists are found to be anti-union in nature, they will be reinstated without loss of pay and without delay and, if reinstatement is not possible, that they will be adequately compensated.
- The Committee firmly expects that, as soon as the Si.Tra.M. trade union organization has complied with the necessary legal requirements, the administrative authority will grant it trade union registration as it requested. The Committee requests the Government to keep it informed in this respect.
- 20. In a communication dated 18 April 2005, the Government referred to the status of the judicial actions undertaken by the trade unionists dismissed by the Alberdi S.A. enterprise mentioned in the complaint. Specifically, it states that, of the dismissed workers mentioned, Mr. Andrés Ricardo Guanuco and Mr. Diego Ramir Yomar made an application for the protection of constitutional rights to the First Chamber of the Labour Court of the City of San Salvador de Jujuy. This application was rejected by the Court, which led to their filing an appeal for cassation and unconstitutionality. The latter was favourably decided by the Higher Court of Justice, which ordered the First Chamber of the Labour Court to have jurisdiction over the case. Currently, the proceedings are awaiting decision. Moreover, it states that Mr. Ricardo Gramajo filed a claim for unfair dismissal and trade union protection, from which the parties have been summoned to a conciliation hearing that has not yet taken place. There is currently no record of any judicial action with regard to the worker Mr. Ezequiel Eduardo López (suspended).
- 21. The Committee notes this information. The Committee hopes that the judicial authorities will hand down their decision soon and requests the Government to keep it informed of the outcome of the legal proceedings under way. Moreover, the Committee requests the Government to keep it informed of the situation with regard to the trade union registration of the trade union organization Si.Tra.M.
