Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Termination of Employment Convention, 1982 (No. 158) - Antigua and Barbuda (Ratification: 2002)

The Committee notes the Government’s report received in August 2011 in reply to the points raised in the 2009 direct request. In reply to previous comments, the Government indicates that, pursuant to the proposed amendments to the Antigua and Barbuda Labour Code, the term “short period” with regard to workers engaged on a casual basis should describe a period not exceeding four weeks (Article 2(2)(c) of the Convention). The Government also reiterates that there are no legislative measures in place that ensure consultation with workers’ representatives and the competent authority regarding termination of employment for economic, technological, structural or other reasons (Articles 13 and 14). The Committee notes that recommendations have been made by the National Labour Board (NLB) to address that issue. The Committee invites the Government to provide information on the manner in which the Convention is taken into account in the process of revising the legislation in order to ensure full effect to the provisions of Article 2(2)(c) and Article 7, as well as Articles 13 and 14 of the Convention. It also requests the Government to include available statistics on the activities of the Industrial Court (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 in the country (Parts IV and V of the report form).

Article 4. Valid reason for termination. The Committee notes the three decisions rendered by the Industrial Court in 1995, 1996 and 2002, transmitted by the Government. The Committee invites the Government to continue providing copies of decisions rendered by the Industrial Court relating to Article 4 of the Convention.

Article 5(c) and (e). Invalid reasons for termination. The Government reiterates that the collective bargaining process affords shop stewards the right to participate in proceedings against their employer. In addition, by virtue of collective agreements, workers cannot be terminated if they report acts of violations by their employers. It further reports that no decisions relating to Article 5 of the Convention were rendered by the Industrial Court. The Committee invites the Government to include in its next report copies of any future decisions rendered by the Industrial Court relating to Article 5(c) and (e) of the Convention.

Article 6. Temporary absence from work because of illness or injury. The Committee notes the decision rendered by the Industrial Court in 2003 on a dismissal following an accident at work. The Committee invites the Government to continue providing copies of decisions rendered by the Industrial Court relating to Article 6 of the Convention.

Article 7. Opportunity to defend oneself against allegations made. The Government reports that it is a well-established practice that workers are afforded the opportunity to defend themselves against any allegations made by employers. However, this opportunity is not always afforded to the worker at termination. This practice is mainly applicable to workers governed by the provisions of the Labour Code and government non-established employees. The Government further indicates that civil servants, police officers and military personnel benefit from their own regulations which provide for a suspension from duties before any effective termination while they await a hearing. The Committee recalls that the purpose of Article 7 of the Convention is to ensure that any decision to terminate employment is preceded by dialogue and reflection between the parties (1995 General Survey, paragraph 148). The Committee invites the Government to indicate if the proposed amendments to the Labour Code improve the manner in which Article 7 of the Convention is applied. The Committee accordingly requests the Government to ensure in law and in practice that workers are afforded the opportunity to defend themselves before having their employment terminated.

[The Government is invited to reply in detail to the present comments in 2014.]