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- 118. In its previous examination of the case at its meeting in October
2013, the Committee made the following recommendations on the matters still pending [see
370th Report, para. 628]:
- (a) With regard to the alleged
anti-union dismissal of the Secretary-General of SUTBAF, Mr Hugo Rey Douglas, on 2
December 2010, the Committee expects that the judicial authority will hand down a
ruling in the very near future and that, if the dismissal proves to have been of an
anti-union nature, he will be reinstated without delay and paid any outstanding
wages. The Committee requests the Government to keep it informed on this
matter.
- (b) As for the alleged challenge against the union
registration of SUTBAF by the bank, the Committee, regretting the lack of reply from
the Government to these allegations, requests the Government to keep it informed
about the status of this organization’s registration.
- (c)
The Committee requests the Government to keep it informed about the outcome of the
negotiations between the bank and SUTBAF and whether an agreement is ultimately
reached on the terms and conditions of employment in the aforementioned
workplace.
- 119. In response to the Committee’s recommendations (b) and (c), the
Government states, in its communication of 3 December 2013, that the union registration
of the Banco Falabella Workers’ Trade Union (SUTBAF) remains fully in force and that the
bank and the trade union signed a collective agreement on 20 February 2012. The
Committee notes this information with interest.
- 120. With respect to the Committee’s recommendation (a), the Government
states that the appeals court, in response to a further appeal, ordered that a new
judgment be handed down by the judicial authority of first instance on the dismissal of
the trade union official Mr Hugo Rey Douglas. The Committee notes this information and
requests the Government to provide a copy of the new ruling handed down in this
regard.
