Read the Final Statement published by the NCP 20 December 2021: Spanish
On 10 May 2021, an individual, on behalf of another individual, alleged that two companies, Company 1 and Company 2, the first with headquarters in another country and a branch and operations in Colombia, the second with headquarters in Colombia and operations in other countries, and both operating in the mining and quarrying sector had not observed the Human Rights (Chapter IV) and Employment and Industrial Relations (Chapter V) provisions of the Guidelines.
Issues concern a former employee, under contract of Company 1, a company that in turn is a contractor of Company 2. The submitter alleges that Company 1 decided irregularly and without authorisation from the Ministry of Labor to fire the employee despite his health condition caused by the over exposure to occupational hazards to which he was subjected by Company 1. Regarding Company 2, the submitter alleges that it is also the subject of the complaint due to its commercial and contractual relationship with Company 1. The submitter seeks assistance from the Colombian NCP for compensation for the damages caused to the employee and his closest indirect victims, given that he suffered serious health problems while working for Company 1.
The submitter filed an action for protection (“acción de tutela”) with the aim of being reintegrated into Company 1, which was denied twice. The submitter filed an ordinary labor lawsuit, which is in progress and consists of receiving financial compensation for the damages described, similar to his goals for entering the NCP process.
On 20 December 2021, the NCP issued a final statement deciding not to accept the specific instance. The NCP’s reasoning for non-acceptance are: issues have not been sufficiently substantiated, parallel proceedings seeking the same outcomes, similar cases not accepted by other NCPs, and because examination of this individual labour dispute by the NCP would not contribute to the purpose and effectiveness of the GL.