-96the opinion of the Court is that the domestic courts having jurisdiction to enforce the
judgments on dismissals must adopt a final decision on the matter of who are the
workers with respect to whom the partial or total compliance with the judgments is
still pending.
D)
Judgments on the enforcement of collective bargaining agreements.
D(1) Reduction of compensation
260. As regards the judgment rendered by the Tribunal Constitucional
(Constitutional Court) on December 10, 1997 (supra para. 204(55)), the Court finds
that, according to its terms, the beneficiaries of the amparo would be the SITRAMUN
members. Pursuant to said judgment, the Municipality of Lima should “pay them the
difference resulting from the reduction of their wages, corresponding to the period of
actual and effective work, during the application of [Mayoral Resolution No. 044-A-96
of January 17, 1996], whereby a provisional compensation schedule had been applied
to them since January 1996.
261. Regarding compliance, both the common intervener and the Inter-American
Commission admitted, both at the public hearing held before the Court and by means
of their written closing statements, that partial compliance with said judgment had
occurred and they argued that a partial lack of compliance still exists with respect to
the dismissed workers who that have not been reinstated to their jobs with
Municipality, as well as to those that are not pensioners. The common intervener filed
a detailed roster of the amounts he deems are still owed the beneficiaries of the order
of amparo, a matter touched upon by witness Wilfredo Castillo-Sabalaga in his
affidavit (supra para. 187). However, the Court notes that, apparently, some workers
who had not been reinstated to their jobs to whom the Municipality paid the amounts
deducted from their wages in 1996, as admitted by witness Juan de Dios Berrospi
(supra para.187) –an alleged victim.
262. On the other hand, the State has argued that the Municipality of Lima has paid
back to “its workers the amount of the reduction, in several installments and
commensurately with its budgetary restrictions.” Furthermore, several resolutions
taken by the Municipality between July 1999 and November 2002 were submitted,
whereby the Staff and Treasury Offices were authorized to pay the abovementioned
adjustments (supra para. 204(59)).
263. Based on the evidence produced and the statements by the parties, the Court
finds that the reimbursement, by the State, of the amounts owed those members of
the SITRAMUN who were working at the Municipality on the date of the
reimbursement payments, as well as to those who were pensioners on even date
therewith, has been proved. However, such reimbursement has not been made to all
the other members of the SITRAMUN to whom the abovementioned provisional
compensation schedule was applied and who, for various reasons, were not working
at the Municipality on the date such reimbursement payments were made. Regarding
this last matter, it is worth recalling that a group of workers was dismissed during
1996 and obtained orders of amparo, whereby the courts directed their reinstatement
to working positions, but said court orders have not been complied with. Before
dismissal, said persons had also been receiving their wages during several months
pursuant to the provisional compensation schedule applied under Mayoral Resolution
No. 044-A-96 of January 17, 1996, and therefore, under the provisions of the court
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents