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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body
- 151. The Committee last examined this case at its meeting of March 2008, at which it made the following recommendations:
- (a) Bearing in mind the status of Mr Chávez Mendoza as a trade union official, and that the legislation requires the authorization of the Ministry of Labour to dismiss a trade union official, which did not occur in the present case, the Committee requests the Government to take the measures necessary to ensure that he is reinstated in his post without loss of pay until the judicial authority gives its final judgement and to send a copy of the ruling as soon as it is handed down.
- (b) The Committee further requests the Government to take the necessary measures so that an independent investigation is carried out to determine if there is in fact an anti-union policy against trade unions that are not in agreement with the Government and, if these allegations are shown to be true, immediately to put an immediate end to such anti-union measures and to guarantee the free exercise of trade union activities of those organizations and their officials. The Committee requests the Government to keep it informed in this respect.
- 152. In its communication of 12 March 2008, the Government states that it sent observations in a timely reply, and repeats that in Nicaragua there are two means of redress available to workers claiming their rights, administrative remedies, through the Ministry of Labour, and judicial remedies, through the labour courts. In this case, Mr Donaldo José Chávez Mendoza chose the second option, so judicial proceedings are under way in the appropriate labour court.
- 153. The Committee takes note of this information. It recalls that when it last examined this case, pointing out that Mr Chávez Mendoza had the status of a trade union official and that the legislation requires the authorization of the Ministry of Labour to dismiss such an official, it observed that this did not occur in the present case. In these circumstances, the Committee once again urges the Government to take the necessary steps to ensure that Mr Chávez Mendoza is reinstated in his post without loss of pay until the judicial authority has ruled on his dismissal, and asks the Government to keep it informed in this regard and to send a copy of the final ruling as soon as it is handed down. The Committee reiterates its previous recommendation and asks the Government to take the necessary steps to ensure that an independent investigation is carried out to determine whether there is in fact an anti-union policy against trade unions that are not in agreement with the Government and, if these allegations are shown to be true, to put an immediate end to such anti-union measures and to guarantee free exercise of the trade union activities of those organizations and their officials.
