Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee has noted the information provided in the Government's report in reply to the previous direct request. Please continue providing with future reports examples of cases and copies of court decisions which would help the Committee's further appreciation of the effect given in particular to Article 2, paragraph 3, and Articles 4, 5 and 7 of the Convention. Please also supply supplementary information on the following points:

Article 2, paragraphs 4, 5 and 6. The Committee notes with interest the extension of redundancy payment to dockworkers who have been employed by different employers for the required period of time (by virtue of the Termination of Employment (Amendment) Act No. 167 of 1987) and to cases of redundancy occurring at the end of a fixed-term contract (by Act No. 37 of 1988). Noting that section 26A of the Termination of Employment Act (No. 24 of 1967) gives the Minister power to exclude "prescribed classes of employees", the Committee hopes that the Government will provide information should an Order be made excluding any class or classes of employees.

Article 10. The Committee notes the Government's statement that employees who do not have the minimum period of continuous employment with the same employer (26 weeks) are not entitled to any compensation for unjustified dismissal. Please indicate whether such workers are regarded as workers serving a qualifying period of employment, who may be excluded from all or some of the provisions of the Convention by virtue of Article 2, paragraph 2(b). If not, please indicate what measures are proposed to be taken for bringing the termination of employment legislation in conformity with Article 10.

Articles 11 and 12, paragraph 3. The Committee has noted the Government's indication that, in the light of the case law, dismissal without notice under section 5(e) and (f) of the Termination of Employment Act is justifiable only in cases of serious misconduct, in which case the employee is not awarded any compensation. Please provide further information on the practical application of section 5(a) of the Act under which dismissal of an employee who fails to carry out his work in a reasonably efficient manner does not give rise to a right to compensation payable under section 3, and whether the compensation is lost only in cases of dismissal for serious misconduct in accordance with Article 12, paragraph 3.

Article 13, paragraph 1. Please indicate how it is ensured that the employer provides the information described in the Government's report to the workers' representatives.

Article 14, paragraph 3. Noting the Government's statement that although no minimum period of notice is specified in the legislation, the notice given in practice is reasonable, the Committee asks the Government to indicate what measures are envisaged to give effect to this provision of the Convention which requires the minimum period of time to be specified by national laws or regulations.