Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Saint Lucia (Ratification: 1980)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its previous requests, the Committee notes the report supplied by the Government on the measures taken to give effect to the Convention, and would like further information on the civil remedies or penal sanctions, if any, provided in the legislation to ensure the application of the provision against acts of anit-union discrimination (section 3(2)(c) of the Labour Regulations, 1960).

The Committee has already emphasised that the protection provided for in Article 1 of the Convention covers not only dismissal but also any other discriminatory measures which might arise in the course of employment in particular transfers, refusal of advancement, demotions, disciplinary measures, deprivation of or limitations on wages or social benefits and other prejudicial acts. In addition, experience shows that the existence of basic legal standards prohibiting acts of anti-union discrimination is not enough if they are not accompanied by effective procedures to ensure their application in practice, including civil remedies and penal sanctions (General Survey on Freedom of Association and Collective Bargaining, 1983, paras. 260 and 264).

The Committee would also appreciate being informed of the points in issue in the case of Girard and Pierre v. A.G., and receiving copy of the Privy Council's judgment when it is handed down.