Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Termination of Employment Convention, 1982 (No. 158) - Lesotho (Ratification: 2001)

Other comments on C158

Observation

Direct Request

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Observations from the International Organisation of Employers (IOE). The Committee notes the communication of August 2014 whereby the International Organisation of Employers (IOE) included Lesotho in its observations concerning the application of the Convention.

Article 2(1) of the Convention. Scope of application. In reply to the previous comments, the Government indicates in its report that the issue of employees over the retirement age has been identified as an area of reform by the Task Team on Labour Law Review. The Committee refers to its previous comments and requests the Government to provide information on the steps taken towards ensuring that employees over retirement age are afforded full protection as provided by the Convention.

Article 2(2) and (3). Adequate safeguards in case of recourse to contracts of employment for a specified period. The Government reiterates in its report that section 68(b) of the Labour Code provides protection for employees on fixed-term contracts. Moreover, the courts have held that, in cases where there is a possibility for the renewal of the employment contract, section 68(b) of the Labour Code endorses the common law principle of legitimate expectation. Courts have pointed out that once an expectation has been created an employee could not be terminated without first being given an opportunity to be heard. The Committee notes in this regard the Labour Court’s decision LC/29/13 of 12 September 2013 supplied by the Government regarding the expectation of a renewal of a fixed-term contract. The Committee invites the Government to continue to provide copies of arbitration awards and judicial decisions showing the manner in which the protection provided by the Convention is ensured to workers engaged under an employment contract for a specified period of time.

Application of the Convention in practice. The Committee notes the references made to judicial decisions in the Government’s report on matters relating to the application of the Convention. The Committee invites the Government to continue providing updated information on the application of the Convention in practice, including examples of judicial decisions concerning questions of principle relating to the application of the Convention. Please also include information on the activities of the Directorate of Dispute Prevention and Resolution and of other bodies of appeal (such as the number of appeals against unjustified termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided) and on the number of terminations for economic or similar reasons.