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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- 95. The Committee last examined this case (submitted in May 2015) at its
October 2017 meeting [see 383rd Report, paras 439–454]. On that occasion, the Committee
once again urged the Government to keep it informed of the outcome of the judicial
review by the High Court of the trade dispute case between the employer and the
National Union of Bank Employees (NUBE), in which the Industrial Relations Court had
rejected the complainant’s claims on the merits (alleging among other issues, violation
of the collective bargaining agreement in force). The Committee also requested the
Government to provide information on the processing and implementation of the October
2017 ruling of the Court of Appeal in favour of 27 dismissed employees. The Committee
further drew the legislative aspect of the case concerning the referral of interest
disputes to compulsory arbitration to the attention of the Committee of Experts on the
Application of Conventions and Recommendations.
- 96. The Government provides its observations in a communication dated 10
September 2019. It indicates that the hearing of the cases was completed in February
2019 and the last submissions were filed by both parties in June 2019. The case is
currently pending decision at the Industrial Court. The Government also indicates, with
regard to compulsory arbitration, that the current legislation and practice are in line
with the Committee’s observations in that arbitration is limited to cases where both
parties involved in the dispute request it.
- 97. The Committee takes notes of the information provided by the
Government, indicating that the hearing in the case was completed in February 2019 and
that the decision is pending at the Industrial Court. While not clearly specified, the
Committee understands that this information refers to the judicial review of the trade
dispute case between the employer and the complainant, which had been pending during the
Committee’s previous examination of the case. The Committee trusts that the proceedings
in this respect will be finalized without delay. Further observing the absence of
information from the Government or the complainant on the processing and implementation
by the Industrial Court of the October 2017 ruling of the Court of Appeal in favour of
27 dismissed employees, the Committee trusts that the ruling has since been given
effect. Finally, the Committee recalls that it had previously decided to refer the
legislative aspect of this case concerning compulsory arbitration in cases involving
interest disputes to the Committee of Experts. In these circumstances, the Committee
considers this case closed and will not pursue its examination.
