Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 336, Mars 2005

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

1. 116. The Committee last examined this case at its March 2003 meeting [see 330th Report, paras. 1054 to 1076]. On that occasion, the Committee had noted that the case concerned alleged acts of anti-union discrimination and interference by the company New Seed Processing Industry Oil of Togo (NIOTO) in the carrying out of trade union activities, and made the following recommendations:
   • - As regards the dismissal of Mr. Awity, General Secretary of the National Trade Union of Food and Agriculture Industries (SYNIAT), by the company NIOTO:
     • (i) the Committee requests the Government to keep it informed of the outcome of the legal proceedings concerning Mr. Awity's dismissal;
     • (ii) should it emerge that the dismissal was indeed motivated by anti-union discrimination, the Committee requests the Government to take immediate measures so that Mr. Awity is reinstated and to keep it informed of any measures taken.
   • - As regards the refusal of leave of absence: the Committee requests the Government to keep it informed of the reasons given by the NIOTO company for refusing leave of absence to Mr. Abotsi-Adjossou for the purpose of a trade union training.
2. 117. With regard to the dismissal of Mr. Awity, the Government states, in a communication of 6 January 2005, that the case is still pending before the courts. According to the Government, the hearing that was to have been held on 3 August 2004 was postponed to 14 September 2004, and then postponed again to 1 February 2005. The Government states that it will without fail inform the Committee of any future developments in the case.
3. 118. As regards the information requested concerning the refusal to grant Mr. Abotsi-Adjossou leave of absence, the Government refers to a letter in which the managing director of NIOTO states that he received the application for leave of absence on 26 March for a meeting scheduled on 29 March, and that it was not possible to find a replacement for Mr. Abotsi-Adjossou at such short notice. The managing director also states that NIOTO is not, under the laws and regulations currently in force, required to grant requests for leave of absence for employees to attend a trade union round table. In fact, provisions concerning such an obligation - which is strictly limited in scope - apply only to trade union delegates. According to the managing director, Mr. Abotsi-Adjossou did not occupy such a position at the time of the application for leave, and still does not; NIOTO was therefore under absolutely no obligation to grant him trade union leave.
4. 119. The Committee takes note of the information provided by the Government, which justifies the refusal to grant leave of absence to Mr. Abotsi-Adjossou for the purpose of a trade union training by citing the fact that the notice was too short and the applicant was not a trade union representative.
5. 120. With regard to the dismissal of Mr. Awity, the General Secretary of SYNIAT, by the company NIOTO, the Committee reiterates it previous recommendation and requests the Government to continue to keep it informed of any progress made with regard to the judicial proceedings currently under way.