Effect given to the recommendations of the committee and the Governing Body - Report No 313, March 1999

Case No 1867 (Argentina) - Complaint date: 30-DEC-95 - Closed

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

1. 12. The Committee examined this case at its June 1998 meeting (see 310th Report, paras. 68 to 89) and requested the Government to take the necessary steps for the reinstatement of the trade union official, Mr. Rojo, in his previous post, and if this is not possible because of the time which has elapsed, to ensure that he is fully compensated.
2. 13. In a communication of 22 October 1998, the Government stated that it has undertaken the required formalities by notifying the Province of Salta of the recommendation formulated by the Committee. 14. In a communication of October 1998, the State Workers' Association (ATE) notes that having learned of the Committee's recommendation, Mr. Miguel Hugo Rojo presented a photocopy to the Administrative Court of First Instance of the city of Salta, in the Province of Salta, of the Republic of Argentina. In this administrative action which is actually at the evidentiary stage, the Province of Salta, through its legal representative, denied or refused to recognize the existence of the Committee's recommendations, and asked to have the document removed from the file. According to the complainant, this indicates that the Province of Salta refuses to recognize the recommendations of the Committee, the proof being that to date, Miguel Hugo Rojo has not been reinstated in his post, nor has he been paid the salary owing.
3. 15. The Committee takes note of this information. The Committee deeply regrets that Mr. Rojo has not yet been reinstated in his former post nor has he been compensated fully. Under the circumstances, the Committee reiterates its former recommendation and again requests the Government to take the necessary steps immediately to implement the recommendation adopted in June 1998.