Ansell Limited V IndustriALL Global Union

Overview

NCP Decision Accepted
Current Status Closed
Date Submitted 20/11/2013
Date Closed 05/08/2016
Case Duration 141 weeks and 2 days
Host Countries Malaysia  (Non-adhering country)
Sri Lanka  (Non-adhering country)

Issue(s) Retaliation against trade unionists; firing of union members; health and safety
Provisions Cited II.A.1  II.A.11  IV.1  IV.2  IV.3  IV.5  IV.6  V.1-a  V.1-b  V.4-b  V.4-c   
Case Description In November 2013, IndustriALL Global Union submitted a case to the Australian National Contact Point describing how Ansell in its operations in Sri Lanka and Malaysia had been involved in repeated violations of human rights, including violations of labour rights and a lack of concern for the health and safety of its employees. The complaint described how Ansell had refused to engage in any meaningful dialogue to resolve or investigate the concerns of its workers or their trade union representatives - the FTZGSEU of Sri Lanka, the NUECMRP Union of Malaysia, and IndustriALL Global Union.
Outcome On 5 August 2016, Ansell signed a Memorandum of Understanding (MoU) with IndustriALL and the Sri Lankan Free Trade Zones and General Services Employees Union (FTZGSEU) in which it agreed to: re-hire fired workers; offer early retirement packages for more than 40 workers; not to take any action that would interfere with trade union organising; not to disciminate against rehired workers. The parties agreed to hold follow-up meetings after 3 months and 6 months in order to monitor the implementation of the MoU.

Organisations

Lead NCP Australia NCP : Single Government Department 

Companies

Multinational Company Ansell Limited (Home country: Australia)

Complainants

Lead Complainant IndustriALL : Global Union Federation 
Affected Party National Union of Employees in Companies Manufacturing Rubber Product
Affected Party Free Trade Zones and General Services Employees Union : National Union 

Related Documents

IndustriALL  [Publication date: 20/11/2013] 'Complaint to the OECD’s Australian National Contact Point under the Specific Instance procedures of the OECD Guidelines for Multinational Enterprises (2011 revision)'
   http://www.industriall-union.org/sites/default/files/uploads/documents/ansell-c
   omplaint_to_the_oecds_australian_national_contact_point_26-11-2013.pdf
[Date URL accessed: 11/6/2015]

IndustriALL  [Publication date: 29/11/2013] 'IndustriALL lodges OECD complaint against Ansell'
   http://www.industriall-union.org/industriall-lodges-oced-complaint-against-anse
   ll
[Date URL accessed: 16/6/2017]

IndustriALL  [Publication date: 18/8/2016] 'Breakthrough for Ansell workers in Sri Lanka'
   http://www.industriall-union.org/breakthrough-for-ansell-workers-in-sri-lanka [Date URL accessed: 16/6/2017]

Australian NCP  [Publication date: 1/6/2017] 'IndustriALL Global Union on behalf of the Free Trade Zones and General Services Employee Union (FTZGSEU) of Sri Lanka and the National Union of Employees in Companies Manufacturing Rubber Products (NUECMRP) of Malaysia V Ansell Ltd'
   http://www.ausncp.gov.au/content/publications/reports/general/Final_Statement-A
   nsell_and_IndustriALL.pdf
[Date URL accessed: 27/7/2017]

TUAC Analysis

Did the NCP publish its initial assessment? status-icon
Did the case involve parallel proceedings? status-icon
Was the existence of parallel proceedings an obstacle to the NCP accepting the case? status-icon
Was the businsess relationship other than that of a subsidiary? status-icon
Was the nature of the business relationship an obstacle to the NCP accepting the case? status-icon
Did the NCP inform other relevant government departments about its acceptance of this case? status-icon
Did the NCP offer mediation or conciliation? status-icon
Did the company accept the offer of mediation or conciliation? status-icon
Did the complainant(s) accept the offer of mediation or conciliation? status-icon
Was mediation or conciliation held? status-icon
Was mediation or conciliation conducted by a professional mediator? status-icon
Did the parties reach agreement? status-icon
If yes, did the NCP publish this agreement following the consent of the parties? status-icon
If mediation was refused or failed did the NCP make an assessment of whether the company had breached the Guidelines? status-icon
Did the NCP conduct in-host country fact finding? status-icon
Did the NCP make recommendations to the company on the future implementation of the Guidelines? status-icon
Did the NCP publish its final statement or report? status-icon
Did the NCP provide for follow-up of the agreement/recommendations? status-icon
Did the NCP inform other relevant government departments about its final statement or report? status-icon
Did the NCP inform public pension funds about its final statement or report? status-icon
Did the NCP apply any consequences in this case? status-icon
Did the NCP follow the indicative timescales set out in the procedural guidance? status-icon
Was there a positive outcome for the workers involved in this case? status-icon
Did the filing of the case under the Guidelines have a positive impact for the workers involved? status-icon
Did the lead NCP play a positive role? status-icon
If different, did the home NCP play a positive role? status-icon