Effect given to the recommendations of the committee and the Governing Body - Report No 359, March 2011

Case No 2590 (Nicaragua) - Complaint date: 09-AUG-07 - Closed

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

1. 114. The Committee last examined this case at its March 2010 meeting. The Committee urged the Government to take all steps at its disposal, while respecting the independence of the state authorities, to have trade union official Mr Chávez Mendoza reinstated in his post – for example, through informal procedures, good offices or mediation – pending a ruling from the judicial authority on his dismissal [see 356th Report, paras 110–113].
2. 115. In a communication dated 3 November 2010, the Government states that the case of Mr Donaldo José Chávez Mendoza has been heard in two instances: (1) the First Court of the District of Managua, No. 000358-1001-2007LB; and (2) before the Labour Chamber of the Court of Appeal of Managua, No. 000784-ORM1-2010LB. The first stage of the labour procedure was exhausted in this regard. The competent legal authority, the First Judge of the Constituency of Managua, consequently ordered the reinstatement of Mr Chávez Mendoza through a ruling of 28 April 2010. Making use of the rights conferred upon the parties by labour law, the employer party (the defendant in this case) appealed against the ruling in question, thus initiating the second and definitive stage of the labour court proceedings. According to labour legislation, once an appeal has been accepted, the ruling in the first instance remains unenforced, with the decision issued by the highest labour body, in this case, the Labour Chamber of the Appeal Court of the Constituency of Managua, resolving the case. The case of Mr Chávez Mendoza is currently at this stage. Any ruling issued by this legal body will be respected by the Directorate General of Revenues (DGI), the employer party and defendant in the labour procedure. The Government states that, throughout the proceedings which took place before the corresponding judicial bodies, Donaldo José Chávez Mendoza made use of the rights and guarantees granted him by the Political Constitution and the national labour laws.
3. 116. The Committee takes note of this information. While regretting that such a long time has elapsed since the dismissal of the trade union leader Mr Chávez Mendoza (July 2007), the Committee expresses the firm hope that the judicial authority in the second instance will issue a ruling in the very near future. The Committee requests the Government to keep it informed of any rulings handed down.