Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report and the comments submitted by the International Trade Union Confederation (ITUC) on 28 August 2007. The ITUC’s comments mainly refer to matters previously raised by the Committee.

The Committee had previously taken note of the comments submitted by the International Confederation of Free Trade Unions (ICFTU, now ITUC) in 2006, which concerned allegations of the police firing shots and tear gas to disperse protesting miners and the dismissal of 17 workers, including five union executives, following a strike. In respect of the police shootings, the Committee notes the Government’s statement that the workers concerned, who were employed on short-term contracts, were denied severance awards by their employer following the expiry of their contracts. They then commenced a demonstration and blocked the road leading to the employer’s worksite, following which the police intervened to control the situation. The Government adds that no workers were injured, and that the workers concerned subsequently reached a settlement with their former employer in July 2003; a copy of the settlement, which was approved by the High Court of Justice, is attached to the Government’s report.

As regards the alleged dismissals following a strike, the Committee notes the Government’s indication that, following deadlocked contract negotiations, the union and enterprise concerned had resorted to the mediation procedure to resolve the dispute over salaries and remuneration. When mediation failed to resolve the dispute over salaries, the parties chose to submit the matter to arbitration, which in turn resulted in an arbitration award. The Government adds that the union local rejected the terms of the arbitration award, despite pleas from the National Labour Union Commission and the National Union, and embarked on an illegal strike on 17 October 2005. The employer then lawfully dismissed the workers in accordance with section 168(4) of the Labour Act, 2003 (Act 651). A tripartite investigation board was subsequently established to investigate the illegal strike, and following a request from the National Union the local union secretary was reinstated. The Committee takes due note of the above information.

The Committee is raising other points in a request addressed directly to the Government.