Definitive Report - Report No 114, 1970

Case No 577 (Morocco) - Complaint date: 04-FEB-69 - Closed

1. 71. The Committee examined this case previously at its session in May 1969, the conclusions it reached at that time being set forth in paragraphs 53 to 57 of its 112th Report, approved by the Governing Body at its 175th Session (May 1969).

A. A. The complainants' allegations

1. 72. In the complaint, contained in two communications dated 4 February and 5 March 1969, it was alleged that Mr. Mohamed Bennadi, First Deputy Secretary of the National Executive of the complaining organisation, General Secretary of the National Federation for Public Health, which is affiliated to the complaining organisation, and General Secretary of the local union at Rabat, had been dismissed by the Ministry of Public Health, where he was employed. In the opinion of the complainants, this action was unwarranted and constituted a discriminatory measure.
2. 73. At its afore-mentioned meeting the Committee expressed the opinion that the detailed explanations given by the Government seemed to show that, as long as the Government was convinced that Mr. Bennadi was actually carrying out trade union functions, it had allowed him to be detached so that he could devote himself to these functions, inviting him to resume his post only when doubts arose as to the genuineness of the trade union functions carried out by him. When it appeared that the question of Mr. Bennadi's trade union functions had given rise to a lawsuit, he had again been allowed to be detached. Since he had failed to produce the findings of the court, that is to say, the proof of the genuineness of his trade union functions, the government department with which he was employed had not considered it appropriate to allow him to remain detached and had invited him to resume his post. It seemed, in the Committee's view, that it was only when he had refused to take up his work that the department with which he was employed had dismissed him for abandonment of duty.
3. 74. In these circumstances, the Committee was of the opinion that this measure did not constitute an infringement of the free exercise of trade union rights, and accordingly, in paragraph 57 of its 112th Report, it recommended the Governing Body to decide that the case did not call for further examination.
4. 75. As soon as the above-mentioned report had been approved by the Governing Body, the conclusions mentioned in the preceding paragraph were communicated to the complainants and to the Government.
5. 76. By a communication dated 10 July 1969, the complaining organisation announces that the Regional Court of Rabat has not yet pronounced judgment in the lawsuit brought by the complaining organisation, and that the Ministry of Public Health has been advised of the adjournment of the case. The complaining organisation accordingly requests that the case be reopened, and attaches to its letter the text of a communiqué in which it instated that the Federation of Free Workers' Unions (USTL) held a National Congress on 18 May 1969, at which it decided to transfer the headquarters of the Federation to a new address and to elect new national officers, including Mr. Bennadi as General Secretary. These officers - states the communiqué - are the only authentic representatives of the USTL.

The Committee's recommendations

1. 77. In the opinion of the Committee the complainants' communication of 10 July 1969 contains no new evidence which would discredit the Government's statement that Mr. Bennadi was dismissed for abandonment of duty only after he had refused to take up his work upon being invited to resume his post, and which would give the Committee any grounds for altering its previous conclusions, as set forth in paragraph 74 above. The Committee accordingly recommends the Governing Body to reaffirm its decision that the case does not call for further examination.