Effect given to the recommendations of the committee and the Governing Body - Report No 343, November 2006

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

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

1. 146. The Committee last examined this case at its March 2006 meeting and, on that occasion, requested the Government to keep it informed of the court judgement concerning the dismissal of trade union leaders Norlan José Toruño Araúz and José Ismael Rodríguez Soto and, if the court so directed, to take the necessary effective measures to comply with the reinstatement order immediately [see 340th Report, paras. 1143-1158].
2. 147. In a communication of 18 May 2006, the Government points out that, as it had stated in its previous communication, the administrative authority authorized the termination of the teaching contracts of Mr. Norlan José Toruño Araúz and Mr. José Ismael Rodríguez Soto at the request of the director of the NERA “Rubén Darío” educational establishment, in accordance with sections 48, subsection 18(a), (b), (c), (d), (h) and (m), and 231 of the Labour Code, and sections 25(4), 32(6) and 37(1) and (2), of the Act respecting the teaching profession, as well as sections 99, 109(1), (2) and (4), 135(a) and 138(a), (c) and (d) of the latter Act, which relate to unethical conduct, dereliction of duty, and repeated and unjustified failure to discharge the obligations inherent in the job. The Departmental Inspectorate for the Service Sector approved the termination, and its decision was upheld on appeal by the General Labour Inspectorate. Since Mr. Toruño and Mr. Rodríguez did not agree with the decisions handed down by the administrative authority, on 24 November 2004, they decided to initiate proceedings for reinstatement before the court of the municipality of Tipitapa which, on 18 November 2005, handed down a judicial decision rejecting the action brought before the ordinary labour court. An appeal against the judicial decision in the first instance was filed with the Appeal Court of Managua and is now pending judgement.
3. 148. The Committee notes this information. The Committee hopes that the judicial authority in the second instance will hand down a decision shortly and requests the Government to keep it informed of the judgement rendered.