Display in: French - Spanish
Effect given to the recommendations of the committee and the Governing Body
Effect given to the recommendations of the committee and the Governing Body- 98. The Committee last examined this case, which was submitted in July
2015 and in which the complainant alleged anti-union dismissal of a trade union leader
and the refusal to let her enter trade union premises after the dismissal, at its June
2019 meeting [see 389th Report, paras 49–56]. On that occasion, the Committee expressed
the expectation that the Government would take all necessary measures to ensure that
Ms Obradovic, for the duration of her role as trade union representative, is given
reasonable access to trade union premises for the exercise of her functions.
- 99. In a communication dated 14 January 2020, the Government indicates
that there have not been any changes with regard to this case. It recalls that at the
time of the bankruptcy, the bankruptcy trustee had not received any notice that Ms
Obradovic was a member of the union. The Government also informs that the bankruptcy
trustee confirmed that Ms Obradovic is currently not an employee at the aluminium
company and that there is therefore no legal or other basis for her trade union
activity. In addition, following the sale of the company, the new owner has the right to
dispose of the property and has no obligation to continue the commercial activity.
- 100. The Committee takes note of the information provided by the
Government and recalls that the pending issue in this case concerns access of Ms
Obradovic to trade union premises after her alleged dismissal, for the duration of her
role as trade union representative. The Committee notes in particular that no
significant changes seem to have occurred in relation to this case and that, according
to the bankruptcy trustee, since Ms Obradovic is currently not an employee at the
company, there is no legal or other basis for her continued trade union activity.
- 101. In light of the allegations that gave rise to the present case and
that were not disputed by the company or the Government, the Committee wishes to recall
that workers’ representatives should be granted access to all workplaces in the
undertaking where such access is necessary to enable them to carry out their
representation function. Given that workers’ organizations are entitled to elect their
representatives in full freedom, the dismissal of a trade union leader, or simply the
fact that a trade union leader leaves the work that he or she was carrying out in a
given undertaking, should not affect his or her trade union status or functions unless
stipulated otherwise by the constitution of the trade union in question [see
Compilation, paras 1591 and 613]. The Committee trusts that the Government will ensure
respect for the above principles in the future.
- 102. While it is unclear whether the trade union itself continues to
operate after the company property had been sold to a new owner, the Committee
understands from the information provided by the Government that Ms Obradovic no longer
appears to be engaged in trade union activities at the company and the question of
access to trade union premises therefore becomes irrelevant. In these circumstances and
considering that it has not received any updated information from the complainant for
almost two years, the Committee considers this case closed and will not pursue its
examination.
