Effect given to the recommendations of the committee and the Governing Body - REPORT_NO348, November 2007

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

1. 153. The Committee last examined this case, which concerns acts of anti-union discrimination – including dismissal, threats of termination to pressure employees to resign from the union, and other acts intended to frustrate collective bargaining – at its March 2007 meeting. On that occasion, the Committee requested the Government to take steps to ensure the reinstatement of the four dismissed union officials of Thai Industrial Gases Labour Union, with the payment of back wages, as well as to ensure that those employees who had resigned from the union may resume their membership in the union free of the threat of dismissals or any other form of reprisal. Observing that the employer concerned had appealed the 14 March 2006 decision of the Central Labour Court, which upheld Order No. 54-55/2006 of the Labour Relations Committee finding that the union President and Treasurer had been unfairly dismissed, the Committee also requested the Government to ensure the reinstatement of the two union officials and to transmit a copy of the Supreme Court judgement as soon as it was handed down [see 344th Report, paras 1322–1332].
2. 154. In a communication dated 21 May 2007, the Government states that the employer’s appeal of the 14 March 2006 Central Labour Court decision was still pending before the Supreme Court. As the schedule of the proceedings remained at the Supreme Court’s discretion, moreover, no date for the rendering of the Court’s judgement could be specified.
3. 155. The Committee takes note of the Government’s indication concerning the pending Supreme Court decision and once again requests the Government to transmit a copy of the Court’s judgement as soon as it is handed down. Observing that no information has been provided with respect to its other previous recommendations, the Committee recalls that justice delayed is justice denied and once again requests the Government, without delay, to secure the reinstatement with backpay of the dismissed union officials and ensure that those employees who had resigned from the union may resume their membership in the union free of the threat of dismissals or any other form of reprisal. The Committee requests to be kept informed of developments in this regard.