ILO Convention 158/1982 Archives

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...

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 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...

Automatically unfair dismissal: Two-tier retirement age?

by GilesFiles | May 15, 2025 | 2020 onwards, AL - ILO, Applications, AUD, Automatic, Bill of Rights, Causes and defences, Courts, Declaratory, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), False assumptions, Fixed-term, ILO Convention 111/1958, ILO Convention 158/1982, ILO Conventions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Objective - correctness, Operation of law, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Retirement, Review tests, RGO Lagrange, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade, Words & phrases, Work Science Institute | 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,...

Bumping principles considered: Substantial compensation awarded

by GilesFiles | Apr 11, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Applications, Balancing interests, BCEA 1997 (LRL 10), Bumping, Causes and defences, Compensation, Costs, Courts, Declaratory, Dignity equality freedom, Granted, Hospitality, ILO Convention 158/1982, ILO Conventions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Management, Managerial prerogative, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Restructuring, RN Daniels, Rules Codes & Manual, Sectors, Selected judges, Severance pay, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Work Science Institute | 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, AB1 - Fairness principle or concept, AH - Labour Legislation & Rules, 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,...

Terminating employment contracts: ILO Convention 158 & Experts Committee

by GilesFiles | Jan 3, 2024 | AA - Resources generally, AH - Labour Legislation & Rules, AL - ILO, Causes and defences, Conduct & capacity, ILO Convention 111/1958, ILO Convention 158/1982, ILO Conventions, ILO reports, ILO’s supervisory bodies, Insights, Labour Relations, LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, LRA Sch 8: GP Code, Management, Operational reasons, Performance, Policies - all, Protect not punish, 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...

Capacity related dismissal: Must consider alternatives

by GilesFiles | Feb 2, 2022 | 2020 onwards, Absenteeism, Awards -s145 see also Sidumo, Causes and defences, Central, Conduct & capacity, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, GN Moshoana, Government, Illness & injury, ILO Convention 158/1982, ILO Conventions, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Management, Orders, Parties, Policies - all, Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, State organs, 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,...

Repudiating employment contracts: Trust and confidence

by GilesFiles | Aug 18, 2020 | AA - Resources generally, AB1 - Fairness principle or concept, Causes and defences, Contractual breach, ILO Convention 158/1982, ILO Conventions, Insights, Labour Relations, LRA 08a: 185-197B Dismissal, LRA 1995, Markets in SA, philosophy / economics, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Thought Leaders, Topics, Trust & confidence | 0 |

During 1996 the Employment and Industrial Relations Journal of the International Bar Association published an article written by Graham Giles just before the newly adopted Labour Relations Act, 1996 came into force in November...

Majoritarianism policy choice: Duty of fair representation

by GilesFiles | Jun 26, 2018 | 2018, AB1 - Fairness principle or concept, Appeals, Collective Bargaining (LRL 5), Courts, ILO Convention 158/1982, ILO Conventions, Labour Appeal Court, Labour Relations, LAC judges, LRA 1995, Operational reasons, Parties, philosophy / economics, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), 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,...

Adopting holistic approach: Balancing interests?

by GilesFiles | Oct 14, 2016 | André van Niekerk, BCEA 1997 (LRL 10), CCMA awards, CCMA Rules-old, Courts, Dennis Davis, General, ILO Convention 158/1982, ILO Conventions, Insights, Interpretation etc, Jurisdiction & powers, Labour Relations, Legal Practice, Management, Policies - all, Rules Codes & Manual, Statutes (LRL 2)-work, Topics | 0 |

For the last 20 years CCMA commissioners have not really adopted a holistic approach and given effect to the purpose of the labour laws. Section 74(2) of the Basic Conditions of Employment Act (BCEA) was amended in September...

Resignation considered and explained: Management responses?

by GilesFiles | Dec 19, 2015 | AB - Law generally, AB1 - Fairness principle or concept, BCEA 1997 (LRL 10), Causes and defences, Conduct & capacity, ILO Convention 158/1982, ILO Conventions, Insights, Labour Relations, Lawfulness & fairness, LRA 08a: 185-197B Dismissal, Notice requirements, Resignations, Statutes (LRL 2)-work, Termination (LRL 8), Work Science Institute | 0 |

Resignation means different things and depends on the nature of the underlying contractual or other relationship. Some persons may resign without having to provide any notice and may do so informally. In some instances...

Category: ILO Convention 158/1982