Definitive Report - Report No 217, June 1982

Case No 1014 (Dominican Republic) - Complaint date: 21-NOV-80 - Closed

1. 27. The Committee examined this case at its meeting in November 1981 and submitted an interim report to the Governing Body.
2. 28. The Government subsequently submitted its observations in a communication dated 23 March 1982.
3. 29. The Dominican Republic 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. 30. When the case was examined by the Committee at its meeting in November 1981, the allegation concerning the dismissal of Mr. Jesús Fernández, press and propaganda officer of the National Trade Union of Telephonic Workers (SNTT), remained pending.
2. 31. The complainant had alleged that the Dominican Telephone Company (CODETEL), in violation of the provisions on trade union immunity, dismissed Jesús Fernández on 21 November 1980 for having "discredited" the company. The Government replied that, according to CODETEL, Jesús Fernández was dismissed for statements which he had made to the press claiming that the company was electronically recording users' calls and for having used insulting language against various of the company's managers in violation of the Labour Code. This allegation had been denied by the union and the case was before the courts to determine whether or not the dismissal was justified. In view of the conflicting versions of events contained in the allegations and in the Government's reply, the Committee requested the latter to send it the text of the judgement handed down.

B. The Government's reply

1. 32. In its communication dated 23 March 1982 the Government states that the proceedings brought by Jesús Fernández against CODETEL for unjustified dismissal were dropped. The Government adds that the company and the person concerned reached a settlement under which, inter alia, the latter was paid the relevant benefits under the labour law.

C. The Committee's conclusions

1. 33. The Committee notes the Government's statement concerning the allegation of dismissal of Jesús Fernández, press and propaganda official of the SNTT. The Committee notes that CODETEL and Jesús Fernández have been able to reach a settlement under which, inter alia, the latter was-paid the relevant benefits under the labour law. In view of the fact that the parties have reached a settlement the Committee considers that the allegations made on this aspect of the case do not call for further examination.

The Committee's recommendations

1. 34. In these circumstances, the Committee recommends the Governing Body to decide that the case does not call for further examination.