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The Committee notes that for the second year in succession the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
1. Referring to its previous comments concerning the fact that the labour legislation may be applied in practice so as to authorize dismissals for legitimate trade union activities, as illustrated by Case No. 1296 of the Committee on Freedom of Association, the Committee notes that the Court of Appeal had decided in 1989 that the workers involved had not been dismissed unfairly.
Noting with concern that the final decision was issued six years after the workers were dismissed, the Committee requests the Government to provide a copy of the judgement (Civil Appeal No. 7 of 1989).
The Committee further refers to its comments under Convention No. 87 in that respect, and requests once more the Government to take legislative measures to avoid a repetition of such a situation in the future.
2. The Committee requests once again to be provided with a copy of the Civil Service Act of 1984 which, according to the Government, gives civil servants the right to organize and collective bargaining.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
1. Referring to its previous comments concerning the fact that the labour legislation may be applied in practice so as to authorise dismissals for legitimate trade union activities, as illustrated by Case No. 1296 of the Committee on Freedom of Association, the Committee notes that the Court of Appeal had decided in 1989 that the workers involved had not been dismissed unfairly.
2. The Committee requests once again to be provided with a copy of the Civil Service Act of 1984 which, according to the Government, gives civil servants the right to organise and collective bargaining.
The Committee takes note of the report submitted by the Government.
1. Referring to its previous comments concerning the fact that the labour legislation may be applied in practice so as to authorise dismissals for legitimate trade union activities, as illustrated by Case No. 1296 of the Committee on Freedom of Association, the Committee notes that the Court of Appeal has decided in 1989 that the workers involved had not been dismissed unfairly.
As regards the legislative protection afforded to workers against acts of anti-union discrimination by employers, the Committee notes the provisions of the Labour Code, Division K, Part I and particularly section K10(2), which institutes civil and penal sanctions for the protection of organisational rights.
The Committee recalls, however, that the facts of Case No. 1296 of the Committee on Freedom of Association show that the labour legislation can be applied in practice so as to authorise dismissals for legitimate trade union activities, which is incompatible with Article 1 of the Convention.
The Committee refers to the requirements concerning the application of Article 1 of the Convention which it recalled in its previous direct request. It further notes that the workers concerned in the above-mentioned case challenged the legality of their dismissal and that, according to the Government, the Industrial Court is presently considering the issue. The Committee strongly hopes that this Court will issue its judgement very shortly since the workers were dismissed more than four years ago, and that they will be reinstated in their employment with compensation, particularly in view of the fact that the High Court ruled they had not abandoned their jobs. The Committee urges the Government to provide a copy of the Industrial Court's decision as soon as it is handed down, to indicate in its next report the actual remedies granted to these workers, and to take legislative or other measures to avoid the repetition of such a situation in the future.
Furthermore, the Committee requests a copy of the Civil Service Act, 1984, which, according to the Government, gives civil servants the right to organise and collective bargaining.