Effect given to the recommendations of the committee and the Governing Body - Report No 356, March 2010

Case No 2400 (Peru) - Complaint date: 17-NOV-04 - Closed

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

1. 117. At its meeting in March 2009, the Committee requested the Government to keep it informed of the outcome of the appeals lodged by the entreprise Gloria SA against the decision to overturn the dismissals of trade unionists Felipe Fabián Fernández Flores and Miguel Moreno Avila. The Committee also awaited news of any ruling that might be given on the dismissal of the trade unionist Mr Fernando Paholo by the Gloria SA enterprise.
2. 118. The Committee also noted that, according to the Government, the Banco del Trabajo had claimed that some individuals were registered as members of both unions (the Unified Trade Union of Workers of the Banco del Trabajo (SUTRABANTRA) and the Single Union of Employees of the Banco del Trabajo (SUDEBANTRA)) and used that to justify its opposition to collective negotiations, and that judicial proceedings had been started to dissolve the union SUDEBANTRA. The Committee expressed its concern at this legal request for dissolution of the union following the dismissal of trade unionists employed by the Banco del Trabajo, and requested the Government to provide clarification on this matter and to inform it of any ruling handed down [see 353rd Report, paras 208 and 210].
3. 119. In its communications of 23 July and 18 November 2009, the Government states that the trade unionist Mr Fernando Paholo has withdrawn from the judicial proceedings he had initiated against the enterprise Gloria SA following his dismissal. The Government describes the stages of the proceedings in relation to the dismissal of the trade unionist Mr Miguel Moreno Avila, and adds that the proceedings in question have not yet been concluded. As regards the proceedings against the dismissal of the trade unionist Mr Felipe Fabián Fernández Flores, the Government states that the company has appealed to the Supreme Court against the decision allowing the trade unionist to appeal against the ruling of 9 June 2008.
4. 120. The Committee takes note of this information. The Committee requests the Government to keep it informed of the outcome of the judicial proceedings against the dismissals of the trade unionists Mr Miguel Moreno Avila and Mr Felipe Fabián Fernández Flores, and hopes that a ruling will be given without delay. At the same time, given the lack of any information on the legal request lodged by the Banco del Trabajo to dissolve the union SUDEBANTRA, the Committee once again requests the Government to inform it of the ruling once it is handed down.