Effect given to the recommendations of the committee and the Governing Body - Report No 342, June 2006

Case No 2172 (Chile) - Complaint date: 29-JAN-02 - Closed

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

1. 39. At its meeting in November 2005, the Committee requested the Government to inform it of the decision handed down with regard to the dismissal of seven unionized pilots from the Lan Chile enterprise [see 338th Report, para. 43].
2. 40. In its communications dated 28 April 2005 and 6 January 2006, the Government states that there are currently two lawsuits relating to the dismissal of Lan Chile pilots. The latter (lawsuit No. 4787-2003, brought before the Fifth Labour Court of Santiago) has been ruled upon and the complaint has been rejected by the Labour Tribunal. As to the action brought before the Sixth Labour Court of Santiago by the Labour Directorate with regard to anti-union practices (lawsuit No. 6371-2004), a ruling was handed down in first instance in favour of the complainant. While the ruling was under appeal, the parties reached an agreement out of court, as a result of which the Appeals Court of Santiago revoked the ruling in first instance.
3. 41. The Committee notes the extrajudicial agreement between the parties with respect to the dismissal of the pilots, and the decision of the judicial authority concerning the dismissal of one of the pilots in which his complaint was rejected.