Myanmar Complaint Jack Wolfskin, Salewa & Dynafit Aug. 2016 Final Report

Final report of a complaint at a factory in Myanmar supplying Jack Wolfskin, Salewa & Dynafit

On 16 August 2016, FWF received a complaint from the Confederation of Trade Unions of Myanmar (CTUM). A previous complaint case resulted in the successful reinstatement of 24 dismissed workers.
Following this, FWF received reports that one of the 24 reinstated workers, a union leader, was again dismissed on 20 June. The worker, supported by CTUM, contested the legality of his dismissal and demanded his immediate reinstatement.

FWF decided that the case was admissible on 17 September 2016. Jack Wolfskin and Salewa & Dynafit immediately contacted the supplier and asked for a response. Through a number of communications, FWF established that the worker was in fact dismissed on 20 June 2016. The supplier justified the dismissal by claiming that this worker refused to agree to the terms for reinstated workers. The worker felt that his dismissal was unfair and fueled by his union membership. With the support of CTUM, he filed a complaint at the Arbitration Body, which ruled that the factory must accept the worker back with full back pay. The factory did not agree and appealed this decision to the Arbitration Council, and this case was eventually sent to the Supreme Court.

On 18 November 2016, FWF facilitated a meeting between the factory, CTUM and the worker. After management proposed certain terms for reinstatement, the worker and CTUM made it clear that they could not agree to these. In January 2017, the factory was informed that the Labour Department was going to sue the factory for refusing to heed the previous decision from the Arbitration Council to reinstate the worker. Factory management and the worker appeared in court. The court ruled that the factory had to pay a fine, as well as compensation to the worker.

Following the court order, the factory made the payment for the fine and the compensation directly to the court. CTUM indicated that it was not satisfied with the conclusion of this case. The worker felt he had no other choice than to accept the compensation and try to move on.

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