Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Other comments on C158

Observation

Direct Request

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Article 2(1) and (2) of the Convention. Scope of application. The Committee notes that, in response to its previous comments, the Government indicates that the Labour Law Review Task Team has reached consensus that the provisions of Labour Code Order No. 24 of 1992 in section 71(1)(a) and (b) excluding probationary employees and employees beyond the normal age of retirement from protection against unfair dismissal would be repealed. The Government adds that the revised Labour Law will afford these employees full protection as provided for by the Convention. As an additional measure to avoid unfair dismissals of probationary employees, the Task Team has advised that “probation” shall not be automatic, and that the employer is required to communicate such in writing to the employee. The Committee requests the Government to provide information on measures taken to ensure that probationary employees and employees over retirement age are afforded full protection as provided by the Convention, including providing a copy of the revised Labour Law as soon as it is adopted.

Article 2(2) and (3). Adequate safeguards in case of recourse to contracts of employment for a specified period. The Committee notes the Labour Court decisions cited by the Government regarding the expectation of renewal of a fixed-term contract, including the Labour Court’s decision in LC/17/11, in which the Court applied the common law principle of legitimate expectation in the context of a claim for unfair dismissal arising from the non-renewal of a fixed-term contract. The Committee requests the Government to continue to provide copies of relevant judicial decisions with respect to the use of fixed-term employment contracts.

Application of the Convention in practice. The Committee welcomes the information provided by the Government in the 2015 record of activities and the 2014 report of the Directorate of Dispute Prevention and Resolution (DDPR), illustrating the number and areas of disputes examined and training provided for staff at all levels in different economic sectors, including on matters covered by the Convention. The Committee notes from the 2015 DDPR record of activities that disputes concerning unfair dismissals accounted for 29 per cent of the DDPR’s caseload, and that almost 87 per cent of all disputes lodged with the DDPR were resolved. The Committee requests the Government to continue providing general information on the manner in which the Convention is applied in practice, including statistics compiled over the past five years, if possible, on the activities of bodies of appeal (such as the number and nature of appeals lodged 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. Please also indicate any practical difficulties encountered in the implementation of the Convention.