Definitive Report - Report No 214, March 1982

Case No 994 (Colombia) - Complaint date: 20-AUG-80 - Closed

1. 27. The Committee has already examined Case No. 994 at its February 1981 Session at which it presented an interim report to the Governing Body. The Government has since forwarded further observations in a communication of 4 December 1981.
2. 28. Colombia has ratified 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).

A. Previous examination of the case

1. 29. The allegations still pending after the examination of the case by the Committee in February 1981 concerned dismissals made in the firm "Productos Noel", S.A. during 1980. At its March 1981 Session the Governing Body, on the recommendation of the Committee, asked the Government for its observations on the complainant's allegations and, in particular, to send it the results of the current administrative inquiry into these dismissals, especially those of the trade union leaders Luis Efrén Loaiza and Miguel Zea.

B. The Government's reply

1. 30. In its reply of 4 December 1981, the Government states that the trade union leaders in question, after lodging an appeal with the courts, have been reinstated in their jobs. It goes on to state, regarding the allegation of mass dismissals at the firm, that the official in charge of the inquiry into the matter has informed the head of the Department of Labour and Social Security of Antioquiz that such mass dismissals did not take place. The document communicated by the Government indicates that of the 2,400 workers at the firm, 77 were dismissed and paid compensation between January and December 1980. This staff turnover, the Government concludes, took place gradually and at intervals over a period of eight months and may be regarded as normal for a firm of this size.

C. The Committee's conclusions

1. 31. Regarding the dismissal of the two trade union leaders, the Committee notes that they have been reinstated in the firm after appealing to the courts. In these circumstances, the Committee considers that this aspect of the case does not call for further examination.
2. 32. Regarding the allegation of mass dismissals of workers at the firm "Productos Noel", S.A., the Committee notes that, according to the inquiry carried out by the competent authorities, the staff turnover which took place during 1980 may be regarded as normal and that the dismissed workers have been paid compensation. In these circumstances the Committee considers that this aspect of the case does not call for further examination.

The Committee's recommendations

1. 33. The Committee recommends the Governing Body to decide that this case does not call for further examination.