Effect given to the recommendations of the committee and the Governing Body - Report No 354, June 2009

Case No 2354 (Nicaragua) - Complaint date: 20-MAY-04 - Closed

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

1. 169. The Committee last examined this case at its March 2008 session, and on that occasion hoped that the Managua Appeals Court would hand down a decision in relation to the dismissal of the teachers and trade union leaders, Norlan José Toruño Araúz and José Ismael Rodríguez Soto, and recalled that justice delayed is justice denied [see 349th Report, paras 194–196].
2. 170. In a communication of 22 December 2008, the Government recalls that the teachers in question lodged an appeal against the ruling in the first instance in relation to the dismissal proceedings and indicates that, according to the Ministry of Education, in a decision of 12 December 2007, the Labour Chamber of the Court of Appeals of Managua rejected the appeal and upheld the ruling of the court of the first instance, which did not accept the petition for reinstatement.
3. 171. The Committee notes this information. The Committee recalls that, according to the Government, in its communication of 3 September 2007 (communication considered by the Committee in its previous examination of the case), the court of the first instance did not accept the petition for reinstatement but ordered that the officials in question be paid the social benefits provided by law, such as a Christmas bonus and proportionate holidays. In these circumstances, the Committee requests the Government to ensure that the payments of such benefits are made.