Effect given to the recommendations of the committee and the Governing Body - REPORT_NO326, November 2001

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

1. 133. At its March 2001 meeting, the Committee formulated the following recommendations on pending allegations [see 324th Report, para. 875]:
   • – concerning the dismissal of the trade union officials Sixto M. Olivos León, Heraldo Z. Torres Osnayo, Juan D. Ayulo Petzoldt and Luis Santiago Puertas at the Compañía Peruana de Radiodifusión S.A., the Committee expects that the judicial authorities will rapidly hand down their decisions and that these decisions will be in full conformity with the principles of freedom of association. The Committee urges the Government, if these decisions conclude that there have been acts of anti-union discrimination, to take the necessary measures to ensure that the trade union officials are reinstated in their posts. The Committee requests the Government to keep it informed of the judgements handed down in this respect;
   • – the Committee requests the Government to confirm whether the trade union leaders Mr. Rey Fernández Patiño and Adriel Vargas Cáritas have in fact been reinstated in their posts with full compensation, as ordered by the court.
2. 134. In its communications of 7 and 21 May and 26 June 2001, the Government states that the court of first instance has ordered that Mr. Luis Santiago Puertas be reinstated and paid his wages due; however, the enterprise could still contest this decision. The courts of first and second instance also ordered the reinstatement of Mr. Sixto M. Olivos. In addition, the enterprise has lodged an appeal against the court ruling concerning trade union leader Mr. Torres Osnayo (whose reinstatement was ordered in first instance), who was awarded a provisional benefit of 1,432 new soles. As regards the dismissal of Mr. Ayulo Petzoldt, the court of first instance ruled in his favour but an appeal has been lodged against this decision.
3. 135. The Committee notes this information with interest and again requests the Government to confirm whether the trade union leaders Mr. Rey Fernández Patiño and Mr. Adriel Vargas Cáritas have in fact been reinstated in their posts with full compensation, as ordered by the courts. The Committee also requests the Government to communicate the final outcome of the proceedings concerning trade union officials Mr. Torres Osnayo and Mr. Ayulo Petzoldt.