Interim Report - Report No 143, 1974

Case No 759 (United Kingdom of Great Britain and Northern Ireland) - Complaint date: 30-MAY-73 - Closed

1. 157. The complaint is contained in communications dated 30 May and 5 July 1973, from the Democratic Independent Union of Belize (formerly British Honduras). The complaint was transmitted to the Government, which forwarded its observations in a communication dated 29 October 1973.
2. 158. The Government of the United Kingdom has ratified the Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84), the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and has declared these Conventions to be applicable without modification to Belize.

A. A. The complainants' allegations

1. 159. The complaint concerns the dismissal of Feliciano Sutherland who had been employed by the Public Works Department of Belize for ten years. It is alleged that a dispute arose between Mr. Sutherland and Mr. Clegg, the site engineer, as a result of which Sutherland was dismissed. At the request of the Democratic Independent Union, of which Sutherland was a member, the Labour Department was requested to mediate in the dispute. The mediator agreed to by both parties to the dispute was Mr. S.E. Tillet, Acting Labour Commissioner.
2. 160. The complainant has forwarded the transcript of the proceedings before the mediator, from which it appears that both sides were duly represented and heard. On the basis of oral testimony and written submissions from both sides, the Acting Commissioner found that Mr. Sutherland should be reinstated without loss of pay, but that he should be officially warned against further conduct of the nature of that which had led to his dismissal.
3. 161. Since his reinstatement was not forthcoming, Mr. Sutherland went to see the Premier of Belize and was allegedly informed by the latter that the Government had no intention whatever of complying with the Acting Commissioner's award and, further, that Sutherland "would not ever again work for the Public Works Department, as he had joined the wrong union, the DIU". To date, Mr. Sutherland has not been reinstated nor has any other action been taken on the Acting Commissioner's award.
4. 162. The Government replies that it has not prevented any worker from joining the union of his choice and that the DIU represents workers in several government departments. It states also that there has been no breach of Convention No. 87, which has been implemented in Belize by the Trade Unions Ordinance and the Trade Unions Regulations of 1963.

B. B. The Committee's conclusions

1. 163. The Committee notes that the complainant has formulated precise and detailed allegations which, if not refuted, would indicate a breach of the principles of freedom of association as expressed in Conventions Nos. 87 and 98 in the form of a refusal to implement a mediation recommendation by a lawfully constituted mediatory body because of the union affiliation of the individual in whose favour the recommendation was made. Thus far the Government has not supplied information which would tend to refute the allegations.
2. 164. As the Committee stated in its First Report, where precise allegations are made, it cannot regard as satisfactory replies from governments which are confined to generalities. The purpose of the whole procedure is to promote respect for trade union rights in law and in fact, and the Committee is confident that, if it protects governments against unreasonable accusations, governments for their part will recognise the importance for the protection of their own good name of formulating for objective examination detailed factual replies to such detailed factual charges as may be put forward.

The Committee's recommendations

• (a) to draw the attention of the Government to the considerations expressed above;
• (b) to request the Government to supply it with precise information on the allegation that Mr. Sutherland has not been reinstated, as recommended by the Acting Commissioner in his capacity as mediator, because of his membership of the DIU; and
• (c) to take note of this interim report, it being understood that the Committee will submit a new report to the Governing Body, when it has received the information requested from the Government.
  • Geneva, 22 February 1974 (Signed) Roberto AGO, Chairman.