-61and it further stated that the right to work had been violated. In addition, in
judgments rendered on November 18, 1998 and on April 9, 1999 the Tribunal
Constitucional (Constitutional Court) stated that “the plaintiff is entitled to exercise
the right to defend himself throughout the proceeding and not merely at one of the
stages thereof.”77
204(38) On November 9 and 15, 1999 the Primer Juzgado Corporativo Transitorio
Especializado en Derecho Público (First Corporate Provisional Court Specializing in
Public Law) issued two Orders, whereby it requested that the Municipality of Lima
comply with the judgments rendered by the Tribunal Constitucional (Constitutional
Court) on November 18, 1998 and on April 9, 1999 (supra paras. 204(37)). 78
C)
WITH RESPECT TO THE DISMISSALS OR
REDUNDANCY FOR DECLARING AN ILLEGAL STRIKE
DECLARATIONS
OF
204(39) The Lima Municipal Workers Union, SITRAMUN-Lima, called a general work
stoppage for March 13, 1996, which was declared illegal by means of Mayoral
Resolution No. 239 of March 8, 1996, wherein administrative sanctions were
established for workers participating in the strike. The union postponed the strike to
March 15, 1996. On March 14, 1996 the Municipality issued Mayoral Resolution No.
305 extending the scope and operation of Resolution No. 239 to include the
postponed strike. The union postponed the strike again until April 1, 1996. By means
of Mayoral Resolution No. 575 of April 1, 1996 the new postponement of the strike
was brought within the scope and operation of Resolution No. 239, confirming the
declaration of illegality. Resolution No.575 likewise resolved:
“to declare the strike called by the organization known as “Sitramun-Lima” and Mr.
Hinostroza Alejandro Rimari, which has been taking place since March 29, 1996, illegal
[,… and] to find civil servants joining said illegal work stoppage guilty of gross
disciplinary misconduct and therefore liable to the appropriate disciplinary sanction
[…].”79
204(40) The strike that had been called by the SITRAMUN began on April 1, 1996.80
204(41) In April and May 1996, the Municipality of Lima issued several Resolutions,
by means of which administrative disciplinary proceedings were instituted against the
workers who joined in the strike.81 Subsequently, the Municipality issued Mayoral
Resolutions, dismissing the workers.82.
77
Cf. Judgments rendered by the Tribunal Constitucional (Constitutional Court) on November 18
and December 21, 1998 and April 9, 1999 (case file with appendixes to the application brief, appendixes
39, 40 and 41, folios 1912, 1944 and 1956).
78
Cf. Resolutions No. 6 and 11 issued by the Primer Juzgado Corporativo Transitorio Especializado
en Derecho Público (First Corporate Provisional Court Specializing in Public Law) on November 9 and 15,
1999 (case file with appendixes to the application brief, appendixes 39 and 40, folios 1917 and 1948).
79
Cf. Lima Mayoral Resolution No. 575 of April 1, 1996 (file of appendixes to the application,
Appendix 24, folio 1373).
80
Cf. Judgment rendered by the Sixth Civil Court of Lima on December 13, 1996, and judgment
rendered by the Sala Corporativa Transitoria Especializada en Derecho Público (Corporate Provisional
Chamber Specializing in Public Law) on November 16, 1998 (file of appendixes to the application,
Appendix 24, folios 1392 and 1400).
81
Cf. Lima Mayoral Resolutions No. 639 of April 12, 1996, No. 671 of April 24, 1996, No. 709 of
May 2, 1996 and No. 1247 of May 24, 1996 (file of appendixes to the application, Appendix 24, folios
1375 through 1390).