Effect given to the recommendations of the committee and the Governing Body - Report No 367, March 2013

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

1. 77. The Committee last examined this case at its November 2011 meeting, when it requested the Government to keep it informed of the outcome of: (1) the administrative appeal lodged by Nestlé Perú SA against the fine imposed for violations of freedom of association; and (2) the proceedings regarding the dismissal of Mr David Elíaz Rázuri, Secretary for Defence of the National United Trade Union of Workers of Nestlé Perú SA (SUNTRANEP), currently before the Labour Tribunal [see 362nd Report, para. 134].
2. 78. In its communications dated 23 February and 2 May 2012, and 16 January 2013, the Government states that: (1) on 10 April 2012, the 19th Specialized Labour Court of Lima handed down a decision setting aside the administrative appeal lodged by Nestlé SA against the Ministry of Labour and Employment Promotion: the enterprise appealed this decision; and (2) with respect to the labour proceedings initiated regarding the dismissal of Mr David Elíaz Rázuri, on 7 September 2011, the claim was upheld and the enterprise lodged an appeal, which was set aside; the enterprise has appealed to the Supreme Court of Justice against the decision.
3. 79. The Committee notes this information. The Committee regrets that the judicial proceedings relating to the dismissal of Mr David Elíaz Rázuri, Secretary for Defence of SUNTRANEP have lasted for more than four years – the proceedings were initiated in 2009 – and emphasizes that justice delayed is justice denied [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, para. 105]. The Committee expects that the judicial authorities will issue a final ruling in the very near future and requests the Government to keep it informed about the ruling that is handed down.