Rapport définitif - Rapport No. 62, 1962

Cas no 232 (Maroc) - Date de la plainte: 02-MAI -60 - Clos

1. 107. The complaint of the General Union of Workers of Morocco, contained in two communications dated 2 May and 11 June 1960, together with the Government's observations thereon, has already been examined by the Committee, at its 27th Session (February 1961). The complaint consisted of two sets of allegations, one relating to non-recognition of the complaining organisation and the other to discriminatory dismissals. The Committee reached its final conclusions concerning the first of these. These conclusions, which may be found in paragraphs 52 to 57 and 68 (a) of the Committee's 53rd Report, were approved by the Governing Body at its 149th Session (May 1961). The paragraphs which follow deal only with the allegations which remain outstanding.

Allegations relating to Discriminatory Dismissals

1. 108. The complainants alleged that many workers had been dismissed from their jobs for the sole reason that they were members of the U.G.T.M. In support of this allegation they provided a list giving the names of some 80 workers, together with their addresses, the name of their employer, their family status, the date of their dismissal and their seniority.
2. 109. At its 27th Session (February 1961) the Committee examined these allegations in detail, together with the Government's observations on the questions raised, and recommended the Governing Body in paragraph 68 (b) of its 53rd Report:
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4. (i) to suggest to the Government that it consider the adoption of all such measures as might seem appropriate with a view to general avoidance in the future of the repetition of acts of anti-trade union discrimination such as those alleged in the present complaint;
5. (ii) to note with satisfaction that in a number of cases the Government's efforts to secure reinstatement of the workers improperly dismissed met with success;
6. (iii) to express the hope that all of the persons improperly dismissed who for one reason or another have not been or cannot be reinstated will in the near future receive compensation for the prejudice suffered, and to request the Government to keep it informed of subsequent progress in this direction;
7. (iv) to request the Government to inform it of the outcome of the proceedings instituted by some of the dismissed workers before the Moroccan labour courts and, in the meantime, to decide to postpone consideration of this aspect of the case.
8. 110. These conclusions were communicated to the Moroccan Government by a letter dated 14 June 1961. The Government replied in respect of subparagraphs (iii) and (iv) by a communication dated 22 March 1962.
9. 111. In its reply the Government explains the position in regard to the cases instanced by the complaining organisation concerning which they had not yet supplied full details. The information given by the Government is as follows.
10. 112. Mr. Ahmed bon Said, an employee of the Moroccan Sugar Company, who had been suspended from his duties since 30 January 1959 as the result of a court case, had the court's findings quashed on 21 July 1961. Because of the opposition of the union affiliated to the Moroccan Labour Union, which threatened to call a strike if the worker in question was reinstated, the employer has not reinstated him. However, while prolonging his suspension, the employer, at the request of the local authorities, has continued to pay his wages and the bonuses he would have been entitled to receive if he had remained at work.
11. 113. As regards the 27 workers dismissed from the firm " Vercors Primeurs ", the employers refuse to reinstate them. The Government mentions in this respect that none of the workers affected has taken action in the courts.
12. 114. As for the workers dismissed from the firm " Manutention marocaine ", the Government states that it is impossible to call a meeting of the Manpower Board to settle the case of these workers since, in view of the large number of unions and the total disagreement which is rife among trade unionists owing to their different leanings, the staff representatives to the board cannot be appointed. The Government declares, however, that the only employee of this undertaking to have brought proceedings before the labour court - Mr. Mohamed N'Tifi - has received the sum of 5,000 dirhams as damages for wrongful dismissal.
13. 115. Mr. R'Kibi Mohamed, who was dismissed by the Moroccan Chamber of Shipping Agents, has applied to the labour court for reinstatement. The Government states that the court has not yet given judgment.
14. 116. As regards Mr. Mohamed bon Jilali, dismissed from the General Ship Tallying Company, he was reinstated on 10 October 1961 following the intervention of the labour inspector. As for the other person dismissed from this undertaking, Mr. Cherki bon Kebir, he is now working for another firm and shows no desire to return to his former employer.
15. 117. Finally, as concerns Mr. Abdelkader bon Kacem, he has never returned to the Cote Company since his dismissal from that establishment, and it has been impossible for labour inspectorate officials to ascertain his whereabouts.
16. 118. The detailed reply given by the Government reveals that the workers who were dismissed have been either reinstated or compensated following a labour court decision or the intervention of the labour inspectorate, or have refrained from taking court proceedings when it was open to them to do so.

The Committee's recommendations

1. 119. In these circumstances, while maintaining the conclusions which it reached previously and which are cited in paragraph 109 above, the Committee recommends the Governing Body to decide that no useful purpose would be served by pursuing further its examination of the case.