Report in which the committee requests to be kept informed of development - Report No 392, October 2020

Case No 3081 (Liberia) - Complaint date: 27-MAY-14 - Follow-up cases closed due to the absence of information from either the complainant or the Government in the last 18 months since the Committee examined the cases

Allegations: Unilateral cancellation by the employer of the collective bargaining agreement and unfair dismissal of trade union leaders

1. 728. The Committee last examined this case (which was first submitted in 2014) at its October 2018 meeting, when it presented an interim report to the Governing Body [see 387th Report, paras 512–522, approved by the Governing Body at its 334th Session (October–November 2018)].
2. 729. The Government sent observations in a communication dated 10 September 2020.
3. 730. Liberia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 731. In its previous examination of the case in October 2018, the Committee made the following recommendations [see 387th Report, para. 522]:
   • (a) The Committee regrets that, despite the time that has elapsed, the Government has still not replied to the Committee’s previous recommendations. The Committee urges the Government to be more cooperative in the future and to provide its observations on the complainant’s allegations without further delay.
   • (b) The Committee requests the Government to reply in full to the allegations that statements were made by the employer with regard to the remittance of union dues and at the impact that such statements might have on the exercise of trade union rights at the airport.
   • (c) The Committee requests the Government to keep it informed of the outcome of the investigation by the Labour Standards Division of the Ministry of Labour into Mr Weh’s dismissal. It further requests the Government to indicate whether Mr Garniah’s dismissal is covered by the same investigation and, if not, to conduct an immediate inquiry into the grounds for his dismissal and keep it informed of developments. If it is found that Mr Weh and Mr Garniah were dismissed for the exercise of legitimate trade union activities, the Committee requests the Government to take the necessary steps to ensure that they are fully reinstated, without loss of pay. In the event that reinstatement is not possible, for objective and compelling reasons, the Committee requests the Government to take the necessary measures to ensure that they are paid adequate compensation which would represent a sufficiently dissuasive sanction for anti-union dismissals.
   • (d) Emphasizing that workers’ and employers’ organizations should not be subject to retaliatory measures for having lodged a complaint with the Committee on Freedom of Association, the Committee requests the Government to provide further information in response to the allegations that the Ministry of Labour has denied workers the right to join the union and has refused to process documents in relation to organizing submitted by the complainant. The Committee also invites the complainant to provide additional information to the Government with respect to this allegation.
   • (e) The Committee encourages the Government to consider availing itself of the technical assistance of the Office with a view to addressing the Committee’s recommendations and strengthening the capacity of the Government and the social partners.

B. The Government’s reply

1. 732. In a communication dated 10 September 2020, the Government states that the Union’s rights were restored after examining the complainant’s allegations in 2018, and that following an intervention by the Ministry of Labour in the same year, the escrow on union dues was lifted and the corresponding dues were remitted to the union. The Government also declares that it has reopened an investigation into the dismissals of Mr Weh and Mr Garnia, respectively the President and the Secretary-General of the RIAWU, and that it will provide an update in this respect.

C. The Committee’s conclusions

1. 733. The Committee recalls that this case concerns allegations of the unilateral cancellation by the employer of a collective bargaining agreement (CBA) signed between the management of the airport and the workers’ union; the anti-union dismissal of the President and the Secretary-General of the Roberts International Airport Workers Union (RIAWU); and interference in trade union affairs.
2. 734. The Committee welcomes the Government’s efforts to provide information, in particular with respect to recommendations (b) and (d), according to which the question of the payment of union dues and organizational rights has been settled. In the absence of any contradictory information from the complainant in this regard, the Committee will not pursue its examination of these matters.
3. 735. As regards the dismissals of the President and the Secretary-General of the RIAWU, the Committee notes the Government’s indication that an investigation had been reopened and that it will keep the Committee informed of developments. While welcoming the efforts to attain full information on these dismissals, the Committee must however note with regret that, more than six years after the filing of the complaint, the Government has still not provided any detailed information in reply to the allegation that they were dismissed for exercising their trade union activity. The Committee recalls that cases concerning anti-union discrimination should be examined rapidly, so that the necessary remedies can be really effective; an excessive delay in processing such cases constitutes a serious attack on the trade union rights of those concerned [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 1139]. The Committee therefore requests the Government to provide information on the outcome of the investigation and the situation of the union leaders concerned, without further delay. If it is found that they were dismissed for the exercise of legitimate trade union activities, the Committee urges the Government to take the necessary steps to ensure that they are fully reinstated, without loss of pay. In the event that reinstatement is not possible, for objective and compelling reasons, the Committee requests the Government to take the necessary measures to ensure that they are paid adequate compensation which would represent a sufficiently dissuasive sanction for anti-union dismissals.

The Committee’s recommendations

1. 736. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to provide information on the outcome of the investigation that has been reopened concerning Mr Weh and Mr Garniah and their current situation, without further delay. If it is found that they were dismissed for the exercise of legitimate trade union activities, the Committee urges the Government to take the necessary steps to ensure that they are fully reinstated, without loss of pay. In the event that reinstatement is not possible, for objective and compelling reasons, the Committee requests the Government to take the necessary measures to ensure that they are paid adequate compensation which would represent a sufficiently dissuasive sanction for anti-union dismissals.
   • (b) The Committee once again invites the Government to avail itself of the technical assistance of the Office, with a view to addressing the Committee’s recommendations and strengthening the capacity of the Government and the social partners.