Effect given to the recommendations of the committee and the Governing Body - Report No 373, October 2014

Case No 2969 (Mauritius) - Complaint date: 28-MAY-12 - Closed

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

1. 28. The Committee last examined this case at its October 2013 meeting [see 370th Report, paras 493–535], which concerned: (i) the alleged dismissal of the General Secretary and four members of the Organization of Hotel, Private Club and Catering Workers’ Unity by the Blue Lagoon Beach Hotel, as well as the interdiction of all trade unions meetings within the premises and interdiction of all workplace representatives to communicate at the seat of the trade union during working hours; and (ii) the recognition by the Ireland Blyth Ltd of a new trade union (Ireland Blyth Ltd Staff Union – IBLSU) for collective bargaining purposes, in violation of the Procedural Agreement signed between the company and Ireland Blyth Ltd Staff Association (IBLSA) and the applicable legislation.
2. 29. On that occasion, the Committee: (a) requested the Government to institute an independent investigation into the alleged acts of anti-union discrimination suffered by the General Secretary and four members of the Organization of Hotel, Private Club and Catering Workers’ Unity (Deepak Dassoo, Denis Manikion, Rakesh Judah, Ramjeeatoo Jootoo and Suresh Goomany) so as to ascertain their veracity, and to provide detailed information on its outcome, including as regards the claim of compensation for unjustified termination of employment which was before the Industrial Court; (b) requested the Government to intercede with the parties with a view to finding a mutually acceptable solution concerning the holding of union meetings inside the company premises; and (c) expected the Government to take the necessary measures to ensure respect in the future for the principle that workers’ representatives in the undertaking should be afforded the necessary time off from work for carrying out their representation functions, without loss of pay or social and fringe benefits and without impairing the efficient operation of the undertaking concerned.
3. 30. Concerning Ireland Blyth Ltd, the Committee: (d) expected that the Government would take the necessary steps to ensure the respect of the Procedural Agreement by the company in the future, as agreements should be binding on the parties; (e) requested the Government to make every effort to intercede with the parties to find a mutually satisfactory solution, in order to ensure that genuine and constructive negotiations between the company and the IBLSA are swiftly resumed, with a view to regulating terms and conditions of employment by means of collective agreements; and (f) requested the Government to institute an independent investigation into the alleged acts of anti-union interference so as to determine their veracity, and to provide detailed information on its outcome.
4. 31. In its communication of 6 August 2014, the Government reports that the case lodged at the Industrial Court on behalf of the General Secretary and four members of the Organization of Hotel, Private Club and Catering Workers’ Unity for a claim of compensation for unjustified termination of employment was split into two separate cases due to the different charges and has been fixed for trial on 17 September 2014. The Government further indicates that an agreement was reached on 24 July 2013 for trade union meetings to be held during lunchtime and time-off facilities have now been granted to workplace representatives. The Committee notes this information with interest. It requests the Government to keep it informed of the outcome of the two trials before the Industrial Court.
5. 32. As regards the outstanding matters concerning Ireland Blyth Ltd, the Government indicates that the issue of the infringement of the procedural agreement and resumption of negotiation between the company and the IBLSA was referred to the Conciliation and Mediation Section of the Ministry of Labour, Industrial Relations and Employment for consideration and intervention, as provided for under section 68 of the Employment Relations Act 2008 as amended, along with the matter concerning the alleged anti-union interference. The Government further indicates that it was informed by the IBLSA on 29 April 2014 that some progress has been made in the relations between the parties and, in light of its disaffiliation from the complainant in the case (copy of relevant documents attached), the IBLSA requests that this element of the case be withdrawn from consideration.
6. 33. The Committee takes due note of this information and, in the absence of any information to the contrary from the complainant, considers that this aspect of the case does not call for further examination.