10.2.3 June-July 2006, the complaints

In late 2005, GATWU claimed to have received information from Cividep concerning complaints from FFI/JKPL employees in September and November

2005 concerning working conditions. GATWU was not able to commence a dialogue on this with FFI/JKPL management, as their letters of February and March 2006 remained unanswered. In order to investigate the complaints, a 'fact-finding committee' was established, consisting of representatives of various social, human rights and women's rights organisations, and social activists (Fact-finding Committee). This Committee prepared a so-called 'fact-finding report' which stated that it reflected the outcome of interviews with 14 workers jointly conducted on 23 April 2006 (Fact-finding Report). The interviewees, although anonymous, stated that they worked at the FFI/JKPL washing unit. This unit employs 1,400 people excluding office staff.1 The workers' complaints concerned mainly the non-payment of overtime work, working without employment contracts, working in the washing unit without protective clothing, and physical and verbal abuse.2

On 9 June 2006, FFI/JKPL and GATWU/NTUI had a meeting in which the complaints were discussed one by one. The minutes of this meeting as presented by GATWU differ substantially from FFI/JKPL's report.3 The FFI minutes reveal that some complaints were countered by FFI/JKPL management by producing letters of employment, payroll registers and identity cards, and that others, such as physical abuse and the arbitrary termination of services, could not be substantiated by GATWU/NTUI as no specific occurances could be named. GATWU's minutes emphasise that FFI/JKPL 'categorically denies all allegations' and claim that FFI/JKPL ' did not want trade union disturbances within the company premises.' During this meeting, GATWU informed FFI/ JKPL about the research that was being carried out by the Fact-finding Committee. FFI/JKPL indicated that it was not aware of this as no such committee had met with management. GATWU and NTUI provided assurances that they would get back to FFI/JKPL's legal advisors concerning any issue.

A draft Fact-finding Report with complaints was sent by the Fact-finding Committee to FFI/JKPL on 21 June 2006. On 3 July 2006 a meeting took place attended by the Fact-finding Committee members, FFI/JKPL management and its lawyer to discuss the allegations. In the report on the meeting, the Committee concluded that GATWU needed to recheck with the workers, because all allegations were successfully countered. Consequently, a second round of interviews with a group of 16 FFI/JKPL employees was held on

30 July 2006,4 during which workers claimed that their complaints had been addressed. Subsequently, the Committee amended the draft report. The conclusion of the final report, dated 24 August 2006, reads: