Effect given to the recommendations of the committee and the Governing Body - Report No 320, March 2000

Case No 1944 (Peru) - Complaint date: 30-OCT-97 - Closed

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

1. 61. At its March 1999 meeting, the Committee asked the Government: (1) to take measures to ensure that the trade union leader, Mickey Juán Alvarez Aguirre, of the National Federation of Judiciary Workers (FNTPJ), be reinstated in his job without loss of vested rights; (2) to communicate the decision by the municipality of Lima on the appeal lodged by the Federation of Peruvian Electricity and Energy Workers (FTEP) concerning the refusal to grant a certificate allowing the Private Higher Technology Institute of Energy and Development (ISTED) to operate as an advanced professional training centre; and (3) to communicate the judicial decision concerning the appeal lodged by the same Federation concerning the refusal of the employers Electro Sur Este Ltd. and EGEM Ltd. to observe an arbitration award that concluded a collective bargaining process (see 313th Report, paras. 50-54).
2. 62. In a communication dated 18 March 1999, the Government provides a copy of the decision handed down by the municipality of Lima on 16 February 1999, declaring that following an inspection of the premises the certificate will be granted to the ISTED if the entire premises are owned by the FTEP and if the educational activities concerned relate to distance learning.
3. 63. In another communication dated 26 October 1999, the Government indicates, with respect to the dispute between the FTEP and the enterprises Electro Sur Est SA and EGEM SA, that the Supreme Court of Justice of Cuzco granted the appeal by the complainant organization on 15 November 1996 but that the enterprises lodged an application for judicial review concerning this decision. On 25 June 1998, the Court of Appeal dismissed the plaintiff's case and sentenced it to a fine.
4. 64. The Committee notes with interest the information concerning the complaints by the Federation of Peruvian Electricity and Energy Workers.
5. 65. The Committee is still waiting for information on the measures taken to reinstate the leader of the FNTPJ, Mickey Juán Alvarez Aguirre, in his job without loss of vested rights.