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Effect given to the recommendations of the committee and the Governing Body - REPORT_NO371, March 2014

CASE_NUMBER 2772 (Cameroon) - COMPLAINT_DATE: 16-MRZ-10 - Closed

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  1. 29. The Committee examined the substance of this case concerning anti-union discrimination against the Professional Trade Union of Train Drivers of Cameroon (SPCTC) by the Cameroon Railway Company (CAMRAIL) at its meeting in June 2011 [see 360th Report, paras 291–323]. On that occasion, the Committee requested the Government to obtain information from the company on the allegations, to indicate the current situation of the trade union in the company, particularly with regard to the deduction of the union dues of its members, the premises made available to it and its activities, and to inform it of the outcome of the complaint lodged against the company for the unjustified dismissal of seven members of the SPCTC.
  2. 30. The Committee notes that, in a communication dated 31 October 2013, the complainant organization, the General Union of Workers of Cameroon (UGTC), indicates that the Government has taken no action to give effect to the Committee’s recommendations. It also indicates that only one of the seven union members dismissed by the company has obtained a ruling in their favour convicting the company to pay 22 million CFA francs in compensation (the High Court of Mfoundi and then the Court of Appeal of the Centre Region). The other six union members, who had filed the case with another court (the High Court of Wouri), had their dismissal confirmed on grounds of misconduct. The complainant denounces the different treatment of the union members, which changes according to the court.
  3. 31. The Committee notes the information provided by the Government on the action taken on its recommendations, which is contained in the communications dated 23 July 2012, 13 January 2013 and 3 January 2014. The Government indicates that it raised the matter of the deduction of the union dues of SPCTC members with the company, despite the latter’s initial refusal to do so owing to administrative problems. The Government adds that the SPCTC does not have access to the premises intended for unions in the company as it did not take part in the last trade union elections, and therefore has no staff delegates in the company. Lastly, the Government indicates that the union members in question were dismissed on account of an illegal work stoppage, and not their activities, and that the appeals lodged are still before the courts.
  4. 32. The Committee, having noted the court rulings concerning the seven SPCTC members dismissed for participating in a strike, requests the Government to indicate whether an appeal has been lodged against the rulings of the High Court of Wouri confirming the dismissal of six of the union members and, if so, to inform it of the outcome.
  5. 33. In general, the Committee notes with concern the lack of information from the Government on the practical measures taken to enable the SPCTC to carry out its activities without hindrance within CAMRAIL. The Committee is therefore bound to reiterate a number of its recommendations. The Committee urges the Government to provide information on any investigation conducted by the authorities into the allegations of anti-union discrimination contained in the communication of 9 October 2008 from the SPCTC to the Ministry of Labour and Social Security.
  6. 34. Moreover, the Committee, noting the Government’s indication that it has raised the matter with the company with a view to it signing an agreement with the SPCTC authorizing the deduction of the union dues of its members, urges it to indicate any negotiations conducted or agreements concluded on this subject.
  7. 35. Lastly, the Committee notes the company’s explanations for refusing to provide SPCTC representatives with premises and expects that the trade union will at least have access to the workplace of its members and that its representatives will be able to perform their functions in relation to its members without hindrance.
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