Effect given to the recommendations of the committee and the Governing Body - Report No 386, June 2018

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

1. 63. The Committee last examined this case at its October 2013 meeting. On that occasion, it: (i) requested the Government to keep it informed of the outcome of the appeal brought by CORAH (concerning the ruling of 15 January 2013, in which the court had partially upheld the petition against unfair dismissal and ordered that Mr Bazán Villanuevo be reinstated; (ii) regretted the delay in the optional arbitration procedure and expected an arbitral award to be issued in the very near future; and (iii) requested the Government to keep it informed of the outcome of the judicial proceedings concerning Mr Edgar Perdomo García and Mr Elmer Reyna Macedo, who had been dismissed for serious misconduct [see 370th Report, paras 68–71].
2. 64. In its communication of 29 January 2014, the Government reports that: (i) with regard to the appeal brought by CORAH, on 26 September 2013, the Supreme Court of Ucuyali issued a judgment on the appeal, in which it cancelled the judgment containing the ruling of 15 January 2013, partially granted the petition against unfair dismissal and ordered the labour judge to issue a new ruling after taking the statement of an eyewitness; (ii) with regard to the delay in the arbitration procedure, CORAH and the Single Union of Workers at CORAH (SUTCORAH) held a meeting at the offices of the Ministry of Labour and Employment Promotion, during which the two parties stated that they had decided to select the President of the Arbitral Tribunal voluntarily and jointly; and (iii) with regard to the pending judicial proceedings, on 1 October 2013, the Coronel Portillo provincial labour court issued a ruling in which it granted Mr Edgar Perdomo García’s petition for compensation for arbitrary dismissal and ordered that he be paid 25,073.49 Peruvian nuevos soles (approximately equivalent to $7,740). With regard to Mr Elmer Reyna Macedo, the Government reports that a conciliation hearing, at which it was declared that the case was closed and a labour relationship existed, was held on 12 September 2013.
3. 65. The Committee takes note of this information and in view of the time that has elapsed without any additional information being received from the complainant organization, the court judgments on pending issues that have been handed down and the fact that the parties have had recourse to voluntary arbitration on the remaining issues, the Committee will not pursue its examination of this case.
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