Effect given to the recommendations of the committee and the Governing Body - Report No 325, June 2001

Case No 2034 (Nicaragua) - Complaint date: 16-JUN-99 - Closed

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

1. 47. The Committee last examined this case, relating to unjustified dismissals of trade union officials, at its November 2000 meeting [see 323rd Report, paras. 397-407]. On that occasion the Committee urged the Government to ensure that the trade union official Mr. Osabas Varela was reinstated in his post at the El Relampago plantation and any back wage owed to him paid. The Committee also requested the Government to keep it informed of any measures taken in this regard. Likewise, noting that both the administrative and the judicial authorities had ordered the reinstatement of the union officials dismissed at the Emma plantation, the Committee urged the Government to ensure that Mr. Bayardo Munguía Fuentes and Mr. Manuel de Jesús Canales were reinstated in their posts and any back wages paid. The Committee requested the Government to keep it informed of any measures taken in this regard.
2. 48. In a communication dated 5 March 2001, the Government informs the Committee that the situation has not changed because the parties to the dispute have not exhausted the legal means provided for in national legislation to resolve social and labour disputes. The Government recalls that the complainant organization is obliged to proceed with the legal proceedings in place for the protection of workers’ rights, given the limited scope of these matters in both space and time.
3. 49. The Committee notes this information with regret and again requests the Government to adopt the necessary measures to ensure that Mr. Osabas Varela, Mr. Bayardo Munguía Fuentes and Mr. Manuel de Jesús Canales are reinstated in their posts and any back wages paid.