ILO Conventions Archives

Gross procedural unfairness: Substantively unfair as well?

by GilesFiles | Mar 31, 2026 | 2020 onwards, Cause of action defined, Causes and defences, Contractual breach, Costs, Courts, GN Moshoana, ILO Convention 158/1982, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Logistics, LRA 08a: 185-197B Dismissal, LRA 194, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, 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,...

Capacity-related reasons: ILO Convention applied

by GilesFiles | Feb 5, 2026 | 2020 onwards, BCEA 1997 (LRL 10), Cause of action defined, Causes and defences, Central, Conduct & capacity, Costs, Costs not awarded, Courts, GN Moshoana, Illness & injury, ILO Conventions, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, 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,...

Founding of ILO 1919: Ratification of Conventions

by GilesFiles | Nov 10, 2025 | AA - Resources generally, AL - ILO, AU - ChatGPT, ILO Convention 111/1958, ILO Convention 158/1982, ILO Conventions, Insights | 0 |

South Africa was a founder member of the ILO in 1919. But USA only joined in about 1934 and failed or refused to adopt most Conventions arguing that there were 50 states and it was not possible to get agreement from them all. Is...

Sexual harassment confirmed: Disallowed appeal

by GilesFiles | Oct 21, 2025 | 2020 onwards, André van Niekerk, Appeals, Balancing interests, Banks, Causes and defences, Central, Conduct - gross, Conduct unbecoming, Contractual breach, Costs, Courts, Declaratory, Disallowed, Finance, Government, Harass & bully, ILO Convention 190/2019, Interpretation etc, Intolerable, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Objective - correctness, Orders, Parties, Protect not punish, Protectable interests, Resolving disputes (LRL 3), Review tests, Risks, Sectors, State Owned Enterprises, 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,...

Employees or human capital: Human being or asset?

by GilesFiles | Oct 7, 2025 | AB - Law generally, AU - ChatGPT, ILO Com of Experts, ILO Convention 158/1982, ILO Conventions, ILO reports, ILO’s supervisory bodies, Insights | 0 |

Surely it is not correct to refer to employees as human capital as so many employers now do? The term “human capital” has become popular in management and economics, but it’s also deeply contested. ⚖️ The idea behind “human...

Contempt proceedings initiated: Minister breaching settlement?

by GilesFiles | Sep 3, 2025 | 2020 onwards, AH05 - EEA, AL - ILO, Applications, Causes and defences, Central, Contempt, Contractual breach, Courts, EEA 1998, Granted, ILO Conventions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LC Rules-new, Legal Practice, Legislation, LRA 1995, Orders, Parties, philosophy / economics, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State organs, 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,...

Suspension of statutory powers: Interdictory relief inappropriate

by GilesFiles | Aug 28, 2025 | 2020 onwards, AH05 - EEA, Applications, Bill of Rights, Causes and defences, Central, Courts, Declaratory, Discrimination (LRL 11), EEA 1998, EEA Chpt III ss 12-27, EEA Regulations, Employ Equity (LRL 12), Free and fair, GN Moshoana, Government, High Court, High Court judges, ILO Convention 111/1958, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, Management, Manufacturing, Markets in SA, Orders, Parties, Refused, Refused, Resolving disputes (LRL 3), Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics, Trade unions | 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,...

Termination of employment principles: Statutory compliance

by GilesFiles | Aug 2, 2025 | AB1 - Fairness principle or concept, AU - ChatGPT, ILO Convention 158/1982, Insights, Managerial prerogative | 0 |

Knowing and applying the LRA, BCEA, and EEA when terminating employment protects employers from legal, financial, and reputational risks while promoting fairness, compliance, and good labour relations. It is crucial for...

ILO Convention 111: Reconciling discrimination with unfairness

by GilesFiles | Jun 25, 2025 | AB - Law generally, AU - ChatGPT, ILO Convention 111/1958, ILO Conventions, Insights | 0 |

Question Why do we in South Africa focus on Harksen v Lane NO when the ILO Convention 111 only uses the term “discrimination” Answer There is a key tension in South African anti-discrimination law: the...

Direct vs Indirect Discrimination: South African Law

by GilesFiles | Jun 25, 2025 | AB - Law generally, AH - Labour Legislation & Rules, ILO Conventions, Insights, Work Science Institute | 0 |

Comparison Table: Direct vs Indirect Discrimination in South African Law This table outlines the key differences between direct and indirect discrimination under South African law, with reference to constitutional provisions,...

Direct and indirect discrimination: Definite distinction

by GilesFiles | Jun 25, 2025 | AB - Law generally, AG - Legal research, AU - ChatGPT, Direct and indirect discrimination, ILO Conventions, Insights | 0 |

South African law makes a definite distinction between direct and indirect discrimination—particularly under the Constitution and statutes like the Employment Equity Act 55 of 1998 (EEA) and the Promotion of Equality and...

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

by GilesFiles | Jun 6, 2025 | AA - Resources generally, AB - Law generally, AB1 - Fairness principle or concept, AH - Labour Legislation & Rules, AJ - General, Conduct & capacity, ILO Convention 158/1982, ILO Conventions, Insights, Lawfulness & fairness, Performance, Risks, Termination (LRL 8), Trust & confidence | 0 |

Probationary or trial periods: Executive summary Discussion of the concept of probationary periods for employees and the legal considerations related to dismissals during this period. It draws comparisons between South African...

Category: ILO Conventions