Effect given to the recommendations of the committee and the Governing Body - REPORT_NO325, June 2001

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

1. 71. The Committee last examined this case, concerning the dismissal of a trade union official, at its meeting in November 1999 [see 318th Report, paras. 393-404]. On that occasion, the Committee invited the Governing Body to approve the following recommendations:
   • (a) With regard to the dismissal of the trade union official, Mr. Benancio Aguilar Atahua, of the Unión de Cervecerías Peruanas Backus y Johnston S.A., the Committee, while noting that a judicial process is under way on this matter, considers that Mr. Benancio Aguilar Atahua should be reinstated in his post without loss of pay. It requests the Government to take all necessary measures to this end and to keep it informed in this regard.
   • (b) The Committee firmly trusts that the legal proceedings begun in October 1998 by the union official Mr. Aguilar Atahua in connection with his dismissal will be concluded in the near future. The Committee requests the Government to keep it informed of the court ruling which should be handed down swiftly.
2. 72. In its communication of 24 April 2001, the Government informs the Committee that after the Constitutional and Social Division of the Supreme Court of Justice rejected the appeal lodged by the defendant, under the ruling of 19 September 2000, it ordered the reinstatement of the plaintiff. However, the plaintiff withdrew his claim before the court since he had reached an agreement with the enterprise, which offered him US$50,000 and the social benefits owed to him from 5 September 1998, the date of his dismissal, until 11 October 2000, the date of the agreement.
3. 73. The Committee notes this information.