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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- 28. The Committee last examined this case concerning a situation of
competing lists of claims and a dispute over representativeness in a pineapple-exporting
enterprise at its June 2022 meeting [see 399th Report, paras 230–247]. On that occasion,
the Committee requested both the Government and the complainant organization to: (i)
indicate whether the Union of Agroindustry and Related Industry Workers of Panama
(SITAIP) had had the opportunity to challenge in court the labour administration’s
decision concerning the dispute over representativeness and, if so, to provide
information on the outcome of those proceedings; and (ii) provide information on the
outcome of the investigations carried out by the Office of the Ombudsperson into the
allegations of favouritism towards the Ananas Trading Inc. Panama S.A. Workers’ Union
(SITRAATI). The Committee also requested the Government to indicate the reasons for
which the Ministry of Labour and Employment Development (MITRADEL) had decided to
suspend the strike action initiated by SITAIP.
- 29. The Government submitted its observations in a communication dated 29
December 2023. Regarding the conflict between SITAIP and SITRAATI, the Government
reiterates that it was up to SITRAATI to negotiate the list of claims, as it had the
largest number of workers affiliated at the time. It also indicates that, after
receiving a request for mediation from SITAIP, the Office of the Ombudsperson issued a
resolution dated 16 August 2022, in which: (i) it concluded that the claim raised a
substantive debate unrelated to the subject matter of mediation, and (ii) it specified
that it could only receive requests for mediation or complaints relating to conflicts
between the public administration and individuals, and that the background to the claim
was a labour dispute between a private enterprise and its workers. With regard to the
strike initiated by SITAIP, the Government indicates that MITRADEL decided to suspend
this procedure due to legal defects affecting the list of claims that was being
processed, ordering the return of that list on 6 November 2019. The Government also
reports that the above mentioned enterprise ceased operations more than two years
ago.
- 30. Taking note of the above, the Committee expects that the Government
will duly take its previous recommendations into account in the future. In these
circumstances and noting that it has not received any further information from the
complainant organization since the complaint was lodged, the Committee considers that
this case does not call for further examination and is closed.