Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 370, Octobre 2013

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

1. 67. The Committee last examined this case at its March 2013 meeting, when it made the following recommendation [see 367th Report, para. 103]:
   • – While recalling that justice delayed is justice denied [see Digest of decisions and principles of the Committee on Freedom of Association, fifth (revised) edition, 2006, para. 105], the Committee hopes that the judicial authority will issue a ruling in the very near future in the proceedings contesting dismissal filed by Mr Iván Bazán Villanueva in 2009 and requests the Government to keep it informed in this regard. Furthermore, the Committee requests the Government to send its observations relating to the new allegations submitted by the complainant concerning the difficulties faced by SUTCORAH with regard to bargaining on lists of demands with CORAH and concerning the invitations to resign from the union sent to unionized workers between January 2011 and January 2012.
2. 68. In its communication dated 6 August 2013, the Government states that the first (single) Labour Court of Ucayali issued a ruling on 15 January 2013 in which it: (i) partially granted Mr Bazán Villanueva’s petition against unfair dismissal and ordered that he be reinstated in the same position as supervisor in the maintenance department, or in another position at the same or a similar level; and (ii) declared inadmissible Mr Bazán Villanueva’s request that CORAH Special Project be ordered to pay the lost remuneration for the period in which he did not work. The ruling has been appealed by CORAH and referred to the Civil Chamber of the Court of Ucayali. Mr Bazán Villanueva requested an interim measure against the CORAH, which was granted on 28 January 2013, ordering that he be temporarily reinstated as supervisor of the maintenance department or in another position at the same or a similar level. On 6 March 2013, the entity temporarily reinstated Mr Bazán Villanueva. The Committee requests the Government to keep it informed of the outcome of the appeal lodged by CORAH.
3. 69. As for the trade union’s difficulties in negotiating its 2009, 2010 and 2011 lists of demands with CORAH, and the invitations to resign from the union sent to unionized workers between January 2011 and January 2012, the Government states that CORAH has indicated that it has been negotiating with the union on the list of demands for 2009–10; since no agreement was reached, the matter has been submitted for optional arbitration before the Ministry of Labour. To date, both CORAH and the union have appointed their arbitrators to continue with the process established under the law, pending the appointment of the Chairperson of the Arbitration Tribunal.
4. 70. The Government adds that the Directorate-General of Labour of the Ministry of Labour, in its capacity as Technical Secretariat of the Special Council established by Supreme Decree No. 009-2012-TR, received, on 4 June 2013, the request of the Single Union of Workers at CORAH (SUTCORAH) for the appointment of a chairperson of the Arbitration Tribunal for an optional arbitration process involving a public institution. The Technical Secretariat of the Special Council transmitted SUTCORAH’s request to the Chairperson of the Special Council with a view to the appointment of a chairperson of the Arbitration Tribunal. The appointment is still pending. The Committee regrets the delay in the arbitration procedure and expects an arbitral award to be issued in the very near future.
5. 71. The Government also adds that Mr Juver García Irarica, Mr Luis Ríos Chávez and Mr Sandro Javier Aguilar Vásquez resigned voluntarily from the CORAH Special Project, on 16 December 2011, 19 October 2011 and 25 May 2011, respectively. As for Mr Edgar Perdomo García and Mr Elmer Reyna Macedo, the Government states that they were dismissed on 21 June 2011 for serious misconduct due to their repeated resistance to orders issued with regard to their work and observation of the staff regulations. Both have initiated legal proceedings which are pending before the courts. The Committee requests the Government to keep it informed of the outcome of these proceedings.