Effect given to the recommendations of the committee and the Governing Body - Report No 392, October 2020

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

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.