Demande directe (CEACR) - adoptée 1989, publiée 76ème session CIT (1989)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Sainte-Lucie (Ratification: 1980)

With reference to its previous requests, the Committee notes the report supplied by the Government on the measures taken to give effect to the Convention, and would like further information on the civil remedies or penal sanctions, if any, provided in the legislation to ensure the application of the provision against acts of anti-union discrimination (section 3(2)(c) of the Labour Regulations, 1960).

The Committee has already emphasised that the protection provided for in Article 1 of the Convention covers not only dismissal but also any other discriminatory measures which might arise in the course of employment in particular transfers, refusal of advancement, demotions, disciplinary measures, deprivation of or limitations on wages or social benefits and other prejudicial acts. In addition, experience shows that the existence of basic legal standards prohibiting acts of anti-union discrimination is not enough if they are not accompanied by effective procedures to ensure their application in practice, including civil remedies and penal sanctions (General Survey on Freedom of Association and Collective Bargaining, 1983, para. 260 and 264).

The Committee would also appreciate being informed of the points in issue in the case of Girard and Pierre v. A.G., and receiving copy of the Privy Council's judgement when it is handed down.