Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 360, Juin 2011

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

1. 37. The Committee examined this case at its June 2010 meeting and on that occasion made the following recommendations [see 357th Report, para. 300]:
   • (a) With regard to the refusal of the Ministry of Social Welfare to grant the request for entry in the trade union registry of the trade union organization established on 2 April 2006, the Committee points out that the trade union organization may, if it so wishes, once the omissions and inconsistencies highlighted in the decisions concerned have been rectified, submit a new request for the entry of its founding charter, by-laws and executive committee in the register and requests the Government in that case to register the trade union organization immediately.
   • (b) With regard to the allegation that as soon as the administrative authority rejected the request for registration of the trade union, the company dismissed the members of the executive committee and 40 workers who had been involved in the union’s establishment or had joined the union, a fact that was verified by the judicial authority in its rulings, the Committee requests the Government to take the necessary steps to have the dismissed workers reinstated if indeed they were dismissed for having established a trade union and, should reinstatement be impossible for objective and compelling reasons, the Committee requests the Government to ensure that the workers receive appropriate compensation, such as to constitute a penalty that acts as a sufficiently dissuasive and effective deterrent against anti-union dismissals. The Committee requests the Government to keep it informed in this regard.
2. 38. In its communication dated 13 August 2010, the Government indicates that the Territorial Directorate of Atlántico of the Ministry of Social Welfare certified that “there is no current” request to register a trade union, nor any registered trade union associated with the enterprise COOLITERIAL. Furthermore, the Government states, with reference to Committee recommendation (b), that judicial decisions have been handed down that are adverse to the complainants and that the Government is respecting and complying with the exercise of the duties and responsibilities specific to the separation of public powers.
3. 39. The Committee requests the Government to confirm that the trade union has not submitted a new request to be registered. Furthermore, the Committee requests the Government to provide the text of the judicial decisions on the alleged dismissals, which, according to the Government have been adverse. While awaiting this information, the Committee maintains its previous recommendations.