Effect given to the recommendations of the committee and the Governing Body - REPORT_NO338, November 2005

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

1. 41. At its March 2004 meeting, the Committee requested the Government to inform it of the decision handed down with regard to the dismissal of seven pilots and to keep it informed of the result of the judicial proceedings for anti-union practices filed against Lan Chile S.A. by a former member of the union [see 333rd Report, para. 319].
2. 42. In its communication dated 28 April 2005, the Government states that the court of first instance rejected the motion for anti-union practices on the basis of prescription and because the former member who had made the claim did not have the legal interest. Also, the court fined the enterprise (80 “unidades tributarias”) for not having fully discounted the union dues; this ruling was confirmed by the Court of Appeal of Santiago.
3. 43. The Committee takes note of this information. The Committee again requests the Government to inform it of the decision handed down with regard to the dismissal of seven unionized pilots from the Lan Chile enterprise.