Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 349, Mars 2008

Cas no 2419 (Sri Lanka) - Date de la plainte: 12-MAI -05 - Clos

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

1. 285. The Committee last examined this case at its March 2007 meeting. On that occasion the Committee, recalling that the workers concerned were either dismissed or locked out in January 2005 and that the arbitration procedures were opened in June 2005, expressed the expectation that the competent authorities would process this case without delay and that, if the allegations of anti-union discrimination were confirmed, would take suitable measures to remedy any effects of anti-union discrimination, including, in light of the closing of the factory, ensuring full compensation such as to constitute a dissuasive sanction against any recurrence of such acts. The Committee further requested the Government to keep it informed in this respect [see 344th Report, paras 199–202].
2. 286. In a communication of 21 September 2007, the Government states that, of the workers involved in the arbitration procedure, 96 workers have left the procedure, with 83 remaining. A copy of the 7 March 2007 arbitration proceeding is attached to the communication and indicates that the trade union has accepted this position. The Government adds that arbitration inquiries were held on ten occasions between 4 September 2006 and 13 September 2007; though the parties are in agreement to settle the dispute, no final agreement on the conditions of settlement have been reached.
3. 287. The Committee takes note of the above information. It regrets to note that, although the workers concerned were either dismissed or locked out in January 2005 and that the arbitration procedure was opened in June 2005, the latter has yet to be concluded. The Committee once again recalls that cases concerning anti-union discrimination contrary to Convention No. 98 should be examined rapidly, so that the necessary remedies can be really effective. An excessive delay in processing cases of anti-union discrimination constitutes a denial of justice and therefore a denial of the trade union rights of the persons concerned. Where cases of alleged anti-union discrimination are involved, the competent authorities dealing with labour issues should begin an inquiry immediately and take suitable measures to remedy any effects of anti-union discrimination brought to their attention [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, paras 826 and 835]. The Committee once again expresses the hope that the arbitration procedure will be concluded without delay and, if the allegations of anti-union discrimination are confirmed, that the arbitration award will include suitable measures to remedy any effects of anti-union discrimination including, in light of the closing of the factory, ensuring full compensation such as to constitute a dissuasive sanction against any recurrence of such acts. The Committee requests the Government to keep it informed in this respect.