ILO Conventions Archives

Protected: Model argument and award: Valid and fair dismissal reason

by GilesFiles | Dec 31, 2024 | ABB - Fairness principle or concept, AL - ILO, Bill of Rights, Causes and defences, CCMA awards, Compatible & competent, Conduct & capability, Conduct unbecoming, Contractual breach, Declaratory, Disciplinary action, Evidence & onus, Gross misconduct, Harass & bully, ILO Conventions, Insights, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 8a: 185-197B Dismissal, LRA 8a: 189 and 189A see Termination, Management, Orders, Parties, Performance, Policies - all, Prerogative, Private enterprises, Protect not punish, Risks, Sectors, Statutory, Termination (LRL 8), Topics, Trust & confidence, Work Science Institute, Zero tolerance | 0 |

Equal pay for work: Discrimination not proved

by GilesFiles | Nov 6, 2024 | 2020 onwards, ABB - Fairness principle or concept, AF - Internal equity external parity, Allowed, Appeals, Appeals - leave, Causes and defences, Common law, Courts, Declaratory, EEA Chpt II ss 5-11, EEA Chpt III ss 12-27, EEA Regulations, EEA4 s27, Employ Equity (LRL 12), Evidence & onus, ILO Conventions, Interpretation etc, Job evaluation and grading, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, Logistics, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Management, Orders, Parties, Pay differentials, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics, Transport & communication | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Labour law developments: South Africa since 1981

by GilesFiles | Jan 10, 2024 | AA - Resources generally, ABB - Fairness principle or concept, AH - Labour Legislation, AJ - General, André van Niekerk, Balancing interests, ERelations (LRL 1), ILO Convention 158/1982, ILO Conventions, Insights, Organisations (LRL 4), Reforms required, Termination (LRL 8), Thought Leaders, Trust & confidence, Work Science Institute | 3 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Interpreting (in)capacity and (mis)conduct: LRA and ILO Convention 158

by GilesFiles | Jan 3, 2024 | AA - Resources generally, AB - Law generally, ABB - Fairness principle or concept, AH - Labour Legislation, AJ - General, Conduct & capability, ILO Convention 158/1982, ILO Conventions, Insights, Lawfulness & fairness, Poor performance, Risks, Termination (LRL 8), Trust & confidence | 0 |

ChatGPT ‘executive’ summary The provided text discusses the concept of probationary periods for employees and the legal considerations related to dismissals during this period. It draws comparisons between South...

Terminating employment contracts: ILO Convention 158 & Experts Committee

by GilesFiles | Jan 3, 2024 | AA - Resources generally, AH - Labour Legislation, AL - ILO, Causes and defences, Conduct & capability, ILO Convention 111/1958, ILO Convention 158/1982, ILO Conventions, ILO’s supervisory bodies, Insights, Labour Relations, LRA 8a: 185-197B Dismissal, LRA 8a: 189 and 189A see Termination, LRA Sch 8: GP Code, Management, Operational reasons, Performance, Policies - all, Reports, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Warnings, Work Science Institute | 0 |

Note on Convention No. 158 and Recommendation No. 166 concerning termination of employment Contents Preface. 1 Part I. Content of Convention No. 158 and Recommendation No. 166. 1 Definitions and concepts. 1 Termination. 1...

ILO landmark decision: Right to strike?

by GilesFiles | Nov 14, 2023 | AB - Law generally, ILO Conventions, ILO’s supervisory bodies, Insights, Reports | 0 |

ILO: Landmark decision on right to strike photo: ILO In a crucial decision, the ILO Governing Body has voted in favour of seeking a resolution from the International Court of Justice (ICJ) over a long-standing dispute between...

Alleged cultural discrimination: Inherent job requirements

by GilesFiles | Jun 27, 2023 | 2020 onwards, AB - Law generally, AUD, Bill of Rights, Causes and defences, Conduct & capability, Costs, Courts, Covid-19 issues, Declaratory, Dignity equality freedom, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), H Rabkin-Naicker, Hearing procedure, ILO Convention 111/1958, ILO Conventions, Inherent requirements, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Policies - all, Private enterprises, Resolving disputes (LRL 3), Risks, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Genuine trade union: Registration ordered

by GilesFiles | Jun 21, 2023 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, Costs, Courts, Declaratory, Government, ILO Convention 87, ILO Conventions, ILO’s supervisory bodies, Insights, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 1: 1-3 Purpose, LRA 1995, LRA 2: 4-10 FOA, LRA 3: 11-63 Bargain, LRA 6: 95-111 Unions, Objective - correctness, Orders, Organisations (LRL 4), Parties, Resolving disputes (LRL 3), Review tests, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Topics, Trade unions | 0 |

Simunye Workers Forum v Registrar of Labour Relations What are requirements for registration given changing nature of work and a ‘modern’ genuine independent trade union? “[39] In summary: the appellant has a...

Extending collective agreements: Majoritarian bargaining?

by GilesFiles | May 26, 2023 | 2020 onwards, BC and HOAs, Causes and defences, Collective Bargain (LRL 5), Construction industry, Contractual breach, Costs, Courts, ILO Convention 98, ILO Recommendation 91, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Disability discrimination considered: Proof not adduced

by GilesFiles | Mar 22, 2023 | 2020 onwards, Applications, AUD, Causes and defences, Central, Conduct & capability, Connie Prinsloo, Costs, Courts, Declaratory, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Evidence & onus, Government, Hearing procedure, Illness & injury, ILO Convention 111/1958, ILO Conventions, Inherent requirements, Insights, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Protect not punish, Resolving disputes (LRL 3), Risks, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Pay discrimination examined: Excerpts ILO Constitution EEA

by GilesFiles | Mar 10, 2023 | AF - Internal equity external parity, Bill of Rights, Discrimination (LRL 11), EEA 1998, EEA4 s27, Employ Equity (LRL 12), ILO Convention 111/1958, ILO Conventions, Insights, Labour Relations, Legality principle, Legislation, Management, Pay progression, Policies - all, Statutes (LRL 2)-work, Topics, Work Science Institute | 0 |

What do managers have to do to comply with their legal obligations to eliminate pay discrimination as examined herein? This contribution draws attention to the relevant statutory framework that will assist readers in knowing and...

Inherent job requirements: Differentiation not discrimination

by GilesFiles | Aug 18, 2022 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, EEA4 s27, Employ Equity (LRL 12), Evidence & onus, ILO Convention 111/1958, ILO Conventions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Manufacturing, MPN Nkutha-Nkontwana, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Category: ILO Conventions