Effect given to the recommendations of the committee and the Governing Body - Report No 365, November 2012

Case No 2527 (Peru) - Complaint date: 28-SEP-06 - Closed

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

1. 120. The Committee last examined this case at its November 2011 meeting, when it made the following recommendations on matters still pending [see 362nd Report, para. 118]:
   • The Committee expects that, following the decision taken by the Constitutional Court regarding the dismissal of union official Mr César Augusto Elías García, this union official will be reinstated in his position without delay and with the payment of lost wages. The Committee also urges the Government once again to send its observations on the allegations of the CATP of 18 June 2009 regarding acts of violence against union official Mr César Augusto Elías García, and the outcome of the criminal complaint presented by that official in connection with the alleged assaults. Furthermore, the Committee requests the Government to keep it informed of the outcome of the appeal filed by the union official, Mr Arenaza Lander, with the Seventh Civil Chamber of the High Court of Justice of Lima relating to his dismissal.
2. 121. In a communication dated June 2012, the complainant organization alleges that the Committee’s recommendations have not been carried out.
3. 122. In its communication of 24 June 2012, the Government states that the union official César Augusto Elías García was reinstated in his position (with payment of wages and legal benefits), in application of the Constitutional Court decision of 15 July 2011; Mr Elías García subsequently gave up his contract in an out-of-court agreement with the company, which was approved by the judicial authority.
4. 123. The Committee takes note of this information. The Committee observes that the Government states that the union official, Mr Elías García, obtained a Constitutional Court decision reinstating him in his position. The Committee trusts that the criminal complaint regarding acts of violence filed by Mr Elías García in connection with alleged assaults will proceed without delay.
5. 124. The Committee hopes that the appeal filed by Mr Arenaza Lander with the Seventh Civil Chamber of the High Court of Justice of Lima relating to his dismissal will be dealt with swiftly.