Effect given to the recommendations of the committee and the Governing Body - Report No 383, October 2017

Case No 2856 (Peru) - Complaint date: 11-APR-11 - Closed

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

1. 73. In its previous examination of the case, at its March 2014 meeting, the Committee requested the Government to keep it informed of the outcome of the cassation appeal lodged by the Callao regional government against the second instance court order for the reinstatement of Ms Clara Tica in her post [see 371st Report, paras 115–117].
2. 74. In its communication dated 11 July 2017, the Government again states that, on 7 August 2012, in Decision No. 12, the Third Civil Court ordered the reinstatement of Ms Clara Tica in her post. However, as there were no vacant posts, arrangements were made to reinstate her on a provisional basis under a service provider contract, in accordance with the third transitional provision of Act No. 28411 (General Act on the Budgetary System). The Government states that as there has been no vacancy to date that would allow for the reinstatement of Ms Clara Tica in her original post or in another post at a similar level, the worker’s employment situation has not changed.
3. 75. The Committee regrets to note that, despite four years having elapsed since the appeal was lodged, no information is available on the matter. The Committee also regrets to note that, seven years after her dismissal, Ms Clara Tica has still not been reinstated in her original post or to another post at a similar level, despite there being a court decision in her favour. In this respect, the Committee recalls that, as was stated in its previous examination of the case, if the post occupied by the worker has been eliminated, she or he should be reinstated in a comparable post if the dismissal constituted an act of anti-union discrimination [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, para. 847]. The Committee is bound to reiterate its previous recommendations and firmly expects that the Government will without delay provide it with information with respect to the resolution of Ms Clara Tica’s situation.