Effect given to the recommendations of the committee and the Governing Body - REPORT_NO329, November 2002

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

1. 31. At its June 2002 meeting, the Committee formulated the following recommendations on the issues still pending [see 328th Report, para. 20]:
   • The Committee requests the Government to keep it informed of the outcome of the judicial proceedings under way concerning the death the Mr. Luis Lagos and the serious injuries sustained by Mr. Donaldo Zamora during the strike held in the FABISA enterprise in May 2001. Moreover, the Committee deeply regrets that the FABISA enterprise has failed to respect the agreement to review the dismissals of 23 workers following the strike. In this respect, the Committee requests the Government to carry out an investigation concerning these dismissals and, if it is found that the workers were dismissed for exercising their trade union activities, to take the necessary measures within its power to ensure that they are reinstated. The Committee requests the Government to keep it informed in this regard.
2. 32. In its communication of 3 September 2002, the Government states that the criminal proceedings concerning the death of Mr. Luis Lagos and the serious injuries sustained by Mr. Donaldo Zamora are presently being judged since the prosecution was filed on 4 July 2002. The period of time granted to the complainants to contest the transfer has not yet expired. At the same time, the Court entered a temporary and partial non-suit for the alleged homicide of Mr. Lagos and the alleged attempted homicide of the seriously injured worker, in favour of Mr. Hernández, an executive from the FABISA enterprise. Both decisions to enter a non-suit were appealed by the complainants and the Court of Second Instance is now processing these appeals. The only complainants in this case are the relatives of the victims.
3. 33. As regards the situation of the 23 workers dismissed following the strike, during the collective bargaining process, the Government states that the 18 workers dismissed shortly after the strike was concluded went to the tribunal to request legal compensation for unfair dismissal. With regard to the other five workers who were later dismissed, they came to an agreement with the employer for the payment of compensation according to their years of service and signed the corresponding final discharges, thereby terminating their working relationship.
4. 34. The Committee notes this information. The Committee requests the Government to keep it informed of the outcome of the legal proceedings concerning the death of Mr. Luis Lagos and the serious injuries sustained by Mr. Donaldo Zamora during the strike held at the FABISA enterprise in May 2001. The Committee also requests the Government to keep it informed of the sentence handed down by the judicial authority concerning the dismissal of 18 workers following the conclusion of the said strike.