Effect given to the recommendations of the committee and the Governing Body - Report No 383, October 2017

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

1. 70. In its previous examination of the case, at its October 2014 meeting, the Committee requested the Government to keep it informed of any ruling handed down by the originating court relating to the dismissal of the trade unionist, Mr William Alburquerque Zevallos. In this case, the Standing Chamber of Constitutional and Social Law of the Supreme Court of Justice of the Republic had upheld the cassation appeal and had returned the decisions to the originating court [see 376th Report, para. 87].
2. 71. In its communication dated 25 July 2016, the Government reports that on 10 June 2015, in Decision No. 65, a copy of which was sent to the Committee, the Second Temporary Labour Court of Piura, set up to reduce the backlog of cases, ruled that the case filed by Mr Alburquerque Zevallos claiming wrongful dismissal and the payment of outstanding wages was unfounded. The Court found that the claimant was charged with serious misconduct and “in the absence of evidence to disprove … his lack of responsibility for the charges brought against him relating to failure to comply with his employment obligations and supplying false information to his employer, it is not demonstrated that there are grounds to render the dismissal for serious misconduct null and void”. The Specialized Labour Chamber of Piura upheld the first instance ruling on 11 August 2015, and on 16 May 2016 the Second Provisional Chamber of Constitutional and Social Law of the Supreme Court of Justice dismissed the cassation appeal filed by Mr Alburquerque Zevallos against the decision of 10 June 2015.
3. 72. The Committee takes note of the information provided by the Government. Noting that all the judicial proceedings relating to the dismissal of Mr William Alburquerque Zevallos have been concluded, the Committee will not continue its examination of the present case.