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Effect given to the recommendations of the committee and the Governing Body - Report No 326, November 2001

Case No 1880 (Peru) - Complaint date: 09-APR-96 - Closed

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

Effect given to the recommendations of the Committee and the Governing Body
  1. 130. At its March 2001 meeting, the Committee formulated the following recommendations concerning the pending allegations [see 324th Report, para. 861]:
    • – as concerns the dismissal of the trade union official Mr. Adriel Grispín Villafuerte Collado at the Electro Sur Este S.A. Puno enterprise, the Committee hopes that the judicial authorities will rapidly hand down their decision and that this decision will be in full conformity with the principles of freedom of association. The Committee urges the Government, if this decision concludes that there have been acts of anti-union discrimination, to take the necessary measures to ensure that the trade union official is reinstated in his post. The Committee requests the Government to keep it informed in this regard and to keep it informed of the final ruling handed down by the judicial authority;
    • – the Committee requests the Government to take the necessary measures to ensure that an investigation is carried out into the motives for the dismissal of the trade union official Mr. Barrueta Gómez and, if they are found to have an anti-union character, to reinstate him in his post. The Committee requests the Government to keep it informed of the outcome of this investigation;
    • – the Committee requests the Government to take steps to ensure that the decisions to cancel the registration of the [following] trade union organizations [the Single Trade Union of Light and Power Workers of Cerro de Pasco; the Single Trade Union of Workers and Allied Workers of Tingo María; the Single Trade Union of Workers of Selva Central and Allied Workers; and the Single Trade Union of Light and Power Workers and Allied Workers of Ayacucho] are suspended until the courts give a ruling on the matter. The Committee requests the Government to keep it informed of any measures adopted in this regard;
    • – the Committee expresses the hope that the judicial authorities will give a ruling in the near future on the dismissal of the trade union official Mr. Walter Linares Sanz, and requests the Government to keep it informed of the final ruling.
  2. 131. In its communications dated 18 and 22 January, 22 February and 26 June 2001, the Government states that the judicial proceedings initiated by Mr. Adriel Grispín concerning his dismissal are still under way. As regards the dismissal of Mr. Walter Linares Sanz, the Supreme Court of the Republic ruled that the appeal for review lodged by the enterprise was inadmissible.
  3. 132. The Committee takes note of this information. The Committee requests the Government to communicate the final outcome of the proceedings concerning the dismissal of Mr. Adriel Grispín. The Committee also requests the Government once again to carry out an investigation into the dismissal of trade union official Mr. Barrueta Gómez and, if it is found to be based on anti-union motives, to reinstate him. Lastly, the Committee again requests the Government to take steps to ensure that the decisions to cancel the registration of all of the trade union organizations mentioned above are suspended until the courts give a ruling on the matter. The Committee requests the Government to keep it informed of any measures adopted in this regard.
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