Effect given to the recommendations of the committee and the Governing Body - Report No 336, March 2005

Case No 2141 (Chile) - Complaint date: 18-JUN-01 - Closed

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

1. 19. At its meeting in March 2004, the Committee requested the Government to keep it informed of the outcome of the legal proceedings concerning the death of Luis Lagos and the serious injuries sustained by Donaldo Zamora during the strike at the FABISA S.A. enterprise in May 2001 [see 333rd Report, para. 33].
2. 20. In a communication dated 27 October 2004, the Government states that the 18th Criminal Court of Santiago, which has jurisdiction in this case, is examining the case concerning the alleged manslaughter of the worker Luis Lagos B. and the injuries sustained by Donaldo Zamora. The case is at the plenary stage and a criminal indictment has been filed. The bus driver who ran down and caused the death of Luis Lagos and injured Donaldo Zamora is the subject of legal proceedings and has been released on bail. The family of the deceased worker is acting as plaintiff in the case and is seeking financial compensation for the incident, in addition to any criminal liability that may apply.
3. 21. The Government states that the 6th Labour Court of Santiago ruled that the FABISA S.A. enterprise was responsible for the worker's death. It also ruled that the enterprise must provide financial compensation to the Lagos family, given that the incident was an occupational accident. The Labour Court in its ruling stated that the FABISA S.A. enterprise was responsible for the death of Mr. Lagos, since a company manager had instructed the driver to force his way into the plant premises. The Labour Court also ruled that the enterprise must pay the following sums in compensation to the family of the deceased man: for loss of earnings - 20,000,000 pesos; for emotional distress - 50,000,000 pesos; and for the four surviving children of the deceased - 60,000,000 pesos.
4. 22. The Committee takes note of this information, and requests the Government to send a copy of the ruling handed down in the proceedings concerning the death of Luis Lagos and the serious injuries sustained by Donaldo Zamora during the strike at the FABISA S.A. enterprise in May 2001.