ILO Convention 158/1982 Archives

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,...

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

by GilesFiles | Jan 3, 2024 | AA - Resources generally, AB - Law generally, AB1 - Fairness principle or concept, AH - Labour Legislation & Rules, AJ - General, ILO Convention 158/1982, ILO Conventions, Insights, Lawfulness & fairness, Misconduct & incapacity, 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 & Rules, AL - ILO, Causes and defences, 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, Misconduct & incapacity, 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...

Capacity related dismissal: Must consider alternatives

by GilesFiles | Feb 2, 2022 | 2020 onwards, Absenteeism, Awards -s145 see also Sidumo, Causes and defences, Central, Contractual breach, Costs, 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 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA Sch 8: GP Code, Management, Misconduct & incapacity, Orders, Parties, Policies - all, Resolving disputes (LRL 3), 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 1995, LRA 8a: 185-197B Dismissal, Markets in SA, philosophy / economics, Resolving disputes (LRL 3), 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 Bargain (LRL 5), Courts, ILO Convention 158/1982, ILO Conventions, Labour Appeal Court, Labour Relations, LAC judges, LRA 1995, Operational reasons, Parties, philosophy / economics, Resolving disputes (LRL 3), 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, ILO Convention 158/1982, ILO Conventions, Insights, Labour Relations, Lawfulness & fairness, LRA 8a: 185-197B Dismissal, Misconduct & incapacity, 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...

ILO Conventions Recommendations: Ease of reference

by GilesFiles | Jan 6, 2015 | AH - Labour Legislation & Rules, AL - ILO, ILO Convention 158/1982, ILO Conventions, Insights, Organisations (LRL 4) | 0 |

In addition to all the Conventions and Recommendations issued since 1919 the ILO also issued a Declaration on Fundamental Principles and Rights at Work and its Follow-up – adopted by the International Labour Conference at...

Conduct: 50 possible shades of grey

by GilesFiles | Feb 26, 2013 | Gross misconduct, ILO Convention 158/1982, Insights, philosophy / economics, Termination (LRL 8) | 0 |

It has already been seen – ILO: Difference between ‘misconduct’ and ‘serious misconduct’ – that employers have the right to dismiss employees provided the reason is valid, lawful and fair. Valid reasons range from the...

ILO Convention 1982: Serious or gross misconduct?

by GilesFiles | Feb 14, 2013 | AL - ILO, Gross misconduct, ILO Convention 158/1982, Insights, Lawfulness & fairness, philosophy / economics, Termination (LRL 8) | 0 |

Neither the ILO Convention 1982 [158 of 1982] nor the Labour Relations Act 66 of 1995 prevent employers from dismissing employees even when there is no fault attributable to the employee. But there is the ‘fundamental principle...

CCMA Guidelines & defective dismissal procedures

by GilesFiles | Nov 22, 2011 | AH - Labour Legislation & Rules, AH1b - CCMA Rules archived, ILO Convention 158/1982, ILO Conventions, Insights, Legal Practice, LRA 1995, Statutes (LRL 2)-work, Topics | 0 |

On 1 January 2012 the new CCMA Guidelines dealing with arbitrations concerning a fair reason to dismiss relating to conduct take effect. There is an important shift in thinking about procedural unfairness. Materiality, actual...

Category: ILO Convention 158/1982