Effect given to the recommendations of the committee and the Governing Body - Report No 368, June 2013

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

1. 67. The Committee last examined this case regarding dismissals and transfers of trade union officials and members at its June 2012 meeting, when it noted that the Government had reported that: (1) a decision in first instance was pending for the judicial proceedings pertaining to the dismissal of Mr Alvin Alaniz González, Ms Jazmín del Sagrario Carballo Soto and Mr Rolando Delgado Miranda, of the Nicaraguan Institute of Social Security (INSS); (2) no decision had been handed down for the judicial proceedings initiated by the dismissed workers of ENACAL Granada and the situation had not changed since the communication of 9 December 2010; and (3) a decision in first instance was pending for the judicial action for reinstatement of the trade union official, Mr Ricardo Francisco Arista Bolaños, against the Directorate General of Revenues (DGI), in process at that time before the First Labour Court of the Judicial District of Managua. The Committee expected the judicial authorities to hand down a decision shortly and requested the Government to keep it informed in that respect [see 364th Report, paras 67–68].
2. 68. In a communication of 21 November 2012, the Government reports that: (1) Ms Jazmín del Sagrario Carballo Soto withdrew her complaint against the INSS and continues to be an active worker in the institution; (2) the court rejected the request for reinstatement filed by Mr Alvin Alaniz González, and during the judicial proceedings it was noted that the person in question demonstrated no interest in those proceedings; (3) the court rejected the request for reinstatement filed by Mr Rolando Delgado Miranda, who moreover has received a pension from that institution since 2007; (4) the First Court of the Judicial District of Managua rejected the claim for reinstatement and payment of unpaid wages filed by Mr Ricardo Francisco Arista Bolaños; furthermore, the worker in question has not been to collect the settlement of wages made available to him; and (5) as regards the judicial proceedings filed by the workers dismissed from ENACAL Granada in December 2011, the First Civil Court of the Judicial District of Granada issued a ruling and referred the case to the Second Civil Court of the Judicial District of Granada, which is responsible for paying six former workers of the company, who have already been notified.
3. 69. The Committee takes note of this information.