Effect given to the recommendations of the committee and the Governing Body - Report No 365, November 2012

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

1. 27. The Committee last examined this case, which concerns allegations of anti-union dismissals at Cali Municipal Enterprises (EMCALI), at its March 2012 meeting [see 363rd Report, paras 38–41]. On that occasion, the Committee noted with interest the tutela ruling by the court of second instance ordering EMCALI to reinstate the SINTRAEMCALI union leaders and members, in compliance with the Committee’s recommendations. The Committee observed that the enterprise had brought further judicial proceedings against the second instance court order. Given these circumstances, and underlining that these workers were dismissed in 2004, the Committee expressed the firm hope that the Constitutional Court would hand down a decision without delay on the second instance tutela ruling. The Committee recalled its previous recommendations concerning the reinstatement of these trade unionists and requested the Government to ensure their implementation and to keep the Committee informed in this respect.
2. 28. In a communication of 23 July 2012, the Government reports that the Constitutional Court issued tutela ruling No. T-261, in which it decided to afford protection to the SINTRAEMCALI workers and ordered the reinstatement of the 51 workers concerned, and that the latter were reinstated by resolution No. 001273 of 13 June 2012 issued by the enterprise EMCALI EICE ESP.
3. 29. The Committee notes this information with satisfaction.