Effect given to the recommendations of the committee and the Governing Body - REPORT_NO370, October 2013

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

1. 19. At its last examination of the case, during its November 2012 meeting [see 365th Report, paras 291 301], the Committee requested the Government to indicate all investigations undertaken into the allegations of interference of the management of the National Social Insurance Fund (CNPS) in the business of the National Union of Employees, Supervisors and Managers of Banks and Financial Establishments of Cameroon (SNEGCBEFCAM). The Committee also stated that it expected the rights of Mr Amogo Foe, a staff delegate who had had deductions made from his salary in violation of the law, to be restored in accordance with a February 2010 decision of the labour inspectorate which CNPS had refused to execute. Lastly, the Committee requested that the labour inspectorate examine the case concerning Mr Oumarou Woudang, a staff delegate who was suspended and then dismissed in July 2009 for copying and distributing a notice of trade union strike action during working hours.
2. 20. In a communication dated 23 January 2013, the Government transmits the observations of the Director-General of CNPS on the follow-up to the Committee’s recommendations. The Director-General states that it appears that the allegations of interference and anti-union discrimination made against CNPS are unfounded. Concerning Mr Amogo Foe’s situation, the Director-General states that the staff delegate is challenging salary deductions totalling 912,000 CFA francs to recover payment for overtime which he had received unduly during the period from 1 April 1984 to 30 July 2009, whereas he had no longer held the position of personal chauffeur to the Director of Collections since 31 March 1984, which entitled him to this benefit. As for Mr Oumarou Woudang, the Director-General of CNPS states that the staff delegate is challenging a decision of 6 July 2009, imposing a six-day suspension for copying and distributing a notice of strike action during working hours; the Director of CNPS states that the disciplinary measure is justified since work materials must not be used for non-work activities. In a communication of 26 February 2013, the Government adds that the dispute concerning Mr Oumarou Woudang is still under way before the Regional Labour and Social Security Office for the Centre Province.
3. 21. At the outset, the Committee notes with regret that, despite the Government’s statement that the outlook for trade union issues was very promising at CNPS, its previous recommendations have generally not been implemented in the present case. The Committee notes, first, that the Government confines itself to transmitting the observations of the CNPS management regarding the situation of the two SNEGCBEFCAM staff delegates, without having investigated the allegations of interference as requested. Second, while noting the explanations provided by CNPS on the deductions from Mr Amogo Foe’s salary, the Committee must refer to the order of the Regional Labour and Social Security Office for the Centre Province dated 1 February 2010, reminding the CNPS management of the only grounds for salary deductions which are admissible under the Labour Code and consequently requesting it to restore Mr Amogo Foe’s rights. In the absence of any evidence of a change in position by the administration, the Committee must reiterate its recommendation that Mr Amogo Foe’s rights be restored without delay in accordance with the administration’s decision and that, furthermore, he receive full compensation for any prejudice he suffered in this case. The Committee urges the Government to take all necessary steps in this regard. Moreover, the Committee notes with concern the information that the dispute concerning Mr Oumarou Woudang is still under way before the Regional Labour and Social Security Office for the Centre Province. Noting that his suspension dates back to July 2009, the Committee reminds the Government of the need for cases concerning anti-union discrimination to be examined in prompt and impartial proceedings. Consequently, it expects the Government to inform it without delay of Mr Oumarou Woudang’s current employment situation and of the outcome of the proceedings pertaining to the dispute.