Parmalat defies
judicial authority

Company disregards order to reinstate union
leader unfairly dismissed

On May 14, 2010, the Managua Labor Court issued a judgment in an action filed by union leader Paublino García against the company Parmalat – Central American Dairy Products, ruling in favor of the plaintiff. The company will have to reinstate the worker to his job, in addition to paying him the four monthly salaries he lost since his dismissal. Faced with this ruling, the company once again showed its two-faced attitude by disregarding it.

Paublino García

Marcial Cabrera

Four months after his unfair dismissal, Paublino García, Finance Secretary of the “Armando Llanes” Union that gathers workers at the company Parmalat - Productos Lácteos Centroamericanos, achieved significant results in his battle to have his labor and union rights respected.

Managua’s Labor Court ruled in favor of the plaintiff in the claim filed against Parmalat and ordered the company to “reinstate Mr. Paublino García to the same position he held prior to dismissal, subject to the same terms and conditions, and pay him the salaries due to him as from the date of the dismissal to the actual date of his reinstatement.”

In yet another demonstration of its unyielding attitude, Parmalat – Productos Lácteos Centroamericanos refused to abide the judgment.

“Paublino García arrived at the company with a copy of the Judge’s ruling, demanding to be reinstated. However, the Human Resources Manager, Norma Medina, informed him that his reinstatement would not take place and suggested he inquire at the courthouse about the company’s response,”  Marcial Cabrera, the General Secretary of the United Federation of Food Workers of Nicaragua (FUTATSCON) said to SIREL.

According to FUTATSCON’s General Secretary, that decision proves the two-faced attitude of Parmalat, and its unwillingness to comply with national laws and the international agreements subscribed by Nicaragua.

“We have achieved a very significant outcome, as the national authorities have acknowledged the illegality of the dismissal and the fact that the company broke employment laws. The next step,” said Cabrera, “will be to request that the Judge issue a writ of execution, because Paublino García’s is not just any case.”

The dismissal of the “Armando Llanes” Union leader entails a clear violation of his union privileges, and an administrative resolution had already been issued by the Ministry of Labor rejecting the worker’s dismissal and ordering his immediate reinstatement.

“We will request that the Judge enforce the resolution and order that the worker be reinstated. In addition, FUTATSCON, along with the “José Benito Escobar” Trade Union Confederation (CST-JBE) and  IUF Latin America, will continue to support Paublino García’s claim until justice is done".

“His battle is very important", Cabrera asserted, “because he has shown that we can succeed if we stand up against the abuse of this company –a company so used to going against the rule of law, ignoring trade union freedom and disregarding national legislation.”