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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
- 33. At its meeting in May-June 2004, the Committee made the following recommendations on certain questions that remained pending [see 334th Report, para. 241]:
- (a) In view of the circumstances of this case, the Committee once again requests the Government to adopt the necessary measures to ensure that the trade union official, Mr. Yapur Ruíz, is reinstated in his post at least until the last appeal brought before the courts is settled and requests the Government to keep it informed of developments.
- (b) With regard to the allegations concerning the Trade Union of the Sanitation Works Company of the Vth Region, (ESVAL S.A.), the Committee requests the Government to carry out an investigation in this respect and keep it informed of its result.
- 34. In a communication dated 21 February 2005, the Government sends abundant information on the four rulings ordering the reinstatement of the trade union official, Erik Dusan Yapur Ruiz, and on a new legal action by the employer before the appellate court concerning the implementation of the ruling of the Court of First Instance.
- 35. As regards the alleged anti-union practices by the Sanitation Works Company of the Vth Region (ESVAL S.A.) against the union and its president and sole member, Mr. Aquiles Mercado, the Government states that the trade union in question is currently inactive as a result of the ruling of the Regional Electoral Tribunal of the Vth Region which annulled all official acts carried out by Mr. Aquiles Mercado as representative of the trade union after 20 March 2003, especially those relating to amendments to the union’s by-laws. This inactivity will continue as long as the minimum quorum of members required for it to become active again is not achieved and the union is not formally dissolved by a competent court. The Government states, however, that, Mr. Aquiles Mercado terminated his employment with the Sanitation Works Company of the Vth Region (ESVAL S.A.), and both parties were entirely satisfied with the settlement which they signed.
- 36. The Committee takes note of all the Government’s observations. It requests the Government to communicate the text of the final ruling given concerning the dismissal of the trade union official, Mr. Yapur Ruiz, and again requests the Government to take all measures in its power to ensure that he is reinstated until such time as a decision is given on the latest legal action after the successive judicial decisions ordering his reinstatement. The Committee deplores the delay that has occurred in the proceedings.
- 37. As regards the allegations concerning the Trade Union of the Sanitation Works Company of the Vth Region (ESVAL S.A.), the Committee notes the Government’s statements to the effect that the union is currently inactive for want of the legal minimum membership, and that the union’s president, Mr. Aquiles Mercado, signed an agreement terminating his employment. Under these conditions, the Committee will not pursue its examination of the case.
