Effect given to the recommendations of the committee and the Governing Body - Report No 337, June 2005

Case No 2197 (South Africa) - Complaint date: 07-MAY-02 - Closed

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

1. 16. The Committee last examined this case, which concerns the alleged refusal of the South African Embassy to Ireland to meet and negotiate with the union chosen by the locally recruited personnel to represent them, at its June 2004 meeting. On that occasion, the Committee recalled that locally recruited embassy personnel are covered by the provisions of Conventions Nos. 87 and 98 and requested the Government to indicate the actual duties of the five locally recruited personnel at the South African Embassy in Ireland who are members of the complainant trade union [see 334th Report, approved by the Governing Body at its 290th Session (June 2004), paras. 95-131].
2. 17. In communications dated 28 September and 31 October 2004, the Government provided the list of duties of the locally recruited personnel and informed the Committee that it had always supported and endorsed social dialogue, fair labour relations and the principles of freedom of association and collective bargaining, as evidenced by its labour relations legislation and its Constitution, as well as the ratification of Conventions Nos. 87 and 98. The Government added that it did not endorse the attitude adopted by the Embassy in Ireland in its policy “not to negotiate or work through a third party, in relation to issues of labour relations” and was currently in discussions with the Embassy on this issue. Employees in its embassies were entitled to representation in respect of work-related issues and the Government recommended and encouraged its embassies to establish policies and procedures for the resolution of work-related disputes, such as grievances and discipline. The Government finally stated that it would endeavour through the principles of social dialogue to arrive at an amicable solution to this case.
3. 18. In a communication dated 24 March 2005, the complainant, Mandate Trade Union (MTU), indicated that it had concluded an agreement with the Government of South Africa to formalize the relationship between the parties and secure the effective observance of Conventions Nos. 87 and 98. The complainant attached to the communication a copy of the Recognition and Procedural Agreement between the Government of South Africa and the MTU, dated 2 March 2005. The complainant finally stated that it wished to withdraw its complaint, given that the Government had undertaken to fully implement the agreement.
4. 19. The Committee takes note with satisfaction of the Recognition and Procedural Agreement between the Government of South Africa and the MTU, dated 2 March 2005, which put an end to the dispute concerning the locally recruited personnel at the South African Embassy in Ireland by formalizing the relationship between the parties and securing the effective observance of Conventions Nos. 87 and 98. The Committee commends the parties for their successful efforts. The Committee also takes note of the complainant’s wish to withdraw the complaint pursuant to the resolution of this case.