-104e)
despite of the existence of supranational rules that protect union
privileges, and of the existence of a Collective Agreement signed by the parties
which guaranteed the labor stability of the workers of the municipal
corporation, the Municipalidad Metropolitana de Lima (Metropolitan Municipality
of Lima) did not hesitate in implementing massive dismissals that affected
more than 1,200 workers, including the 15 union leaders, who were sent 2 or
3 dismissal resolution notices, as in the case of the union leader Wilfredo
Castillo-Sabalaga.
289.
Arguments by the State
The state alleged that it had not breached any obligation imposed by the Convention.
Considerations of the Court
290. The common intervener did not allege violation of Article 16 of the Convention
at the corresponding point in the procedure. However, the Court deems that the
facts at issue in this case do not fall within the scope of Article 16 of the Convention,
and therefore, the Court shall not deliver opinion on the alleged violation of said
Article.
XII
REPARATIONS
APPLICATION OF ARTICLE 63(1)
Obligation to repair
291.
Arguments by the Commission
a)
as regards the beneficiaries of the reparations:
i.
the persons entitled to reparations are “the 1734 workers of the
Municipality of Lima that are members of the SITRAMUN” and the
former workers of the ESMLL corporation. The persons whose names
are indicated in the footnotes of the application, when referring to
each particular judgment, must be considered the beneficiaries of the
reparations.
ii.
the position adopted by the State after its answer to the
application, has resulted in some new disputes regarding the lists of
the victims, and therefore a judicial determination of such issue is
needed;
b)
as regards pecuniary damage, the Commission requested the Court to
order Peru:
i.
to reinstate the workers of the Municipality of Lima, members of
the SITRAMUN, that were unfairly dismissed, or to pay them a
compensation in case it is not possible to reinstate them to the same
job they had or to a new position;
ii.
to pay the workers of the Municipality of Lima, members of the
SITRAMUN, that were dismissed, the amounts of their wages or
salaries, bonuses, allowances and other benefits unduly lost;
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos