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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- 91. In its November 2012 meeting, the Committee made the following recommendations on the matters still pending [see 365th Report, paras 126–129]:
- – The Committee requested the Government to keep it informed of the outcome of the action for wrongful dismissal filed by the trade union official Mr Wilmert Medina against the enterprise San Fermín SA.
- – Concerning the alleged dismissal by the company CFG Investment SAC of members of the executive committee and union members, the Committee noted that the Government provided information on the status of the judicial proceedings brought by dismissed workers against CFG Investments (Mr Abel Antonio Rojas, Mr Rodolfo Toyco, Mr Primitivo Ramos, Mr Marco Antonio Malta and Mr Juan Germán Cáceres), and five cases which were under appeal (Mr Ángel Maglorio, Mr Alfredo Flores, Mr Segundino Flores, Mr Alex Javier Rojas and Mr Roberto Juan Gargate). The Committee noted that information and requested the Government to report on the outcome of the ongoing proceedings concerning the trade unionists from CFG Investment SAC.
- – Lastly, the Committee once again urged the Government to ascertain whether the enterprise Textiles San Sebastián SAC still existed, and if it did, to take the necessary measures without delay to ensure that the enterprise reinstated the dismissed officials and workers with the payment of wage arrears, recognized the union, rectified the anti-union measures taken against it, refrained from adopting any such measures in the future and encouraged collective bargaining between the parties. If the reinstatement was not possible for objective and compelling reasons, the Committee urged the Government to ensure that the workers concerned received sufficient and adequate compensation so as to constitute a dissuasive sanction against anti-union dismissals.
- 92. In its communication dated 16 January 2013, the Government provides information concerning the action for wrongful dismissal initiated by the trade union official Mr Wilmert Medina, worker at the company San Fermín SA, indicating that a ruling was issued by the Supreme Court of Justice, ordering his reinstatement.
- 93. As regards the alleged dismissal by the company CFG Investment SAC of members of the Executive Committee and union members, the Government provides detailed information on the progress of the judicial proceedings initiated by the dismissed workers against CFG Investment SAC (Mr Abel Antonio Rojas (who did not obtain a favourable ruling ordering his reinstatement), Mr Rodolfo Toyco, Mr Primitivo Ramos, Mr Marco Antonio Malta and Mr Juan Germán Cáceres), and five cases which are under appeal (Mr Ángel Maglorio, Mr Alfredo Flores, Mr Segundino Flores, Mr Alex Javier Rojas and Mr Roberto Juan Gargate).
- 94. As regards the enterprise Textiles San Sebastián SAC, the Government states that, following a number of investigations and enquiries, it has not been possible to find the company. The Committee concludes that it does not seem that the enterprise will continue its production activity, or that the reinstatement of workers will be possible. The Committee requests the Government to continue conducting its investigations and to ensure that all the dismissed trade union officials and workers receive the legal indemnity and compensation constituting a sufficiently dissuasive sanction against anti-union dismissals.
- 95. The Committee notes with satisfaction the ruling by the Supreme Court of Justice ordering the reinstatement of the trade union official Mr Wilmert Medina Campos. The Committee notes that the Government reports on the progress of the proceedings concerning the dismissal of the trade unionists of CFG Investment, which are still pending resolution (except for the case of the unionist Mr Abel Antonio Rojas, where the court ruled against him) and requests the Government to keep it informed in this regard.
