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

Other comments on C158

Direct Request

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The Committee notes that the Government’s report received in September 2014 reiterates information provided in its August 2011 report. The Government previously indicated 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 Committee notes, however, that no information is provided by the Government regarding proposed amendments to the Labour Code. The Committee requests 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 with the provisions of the Convention, including Article 2(2)(c). 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 (Parts IV and V of the report form).

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

Article 4. Valid reason for termination. In reply to its previous comments, the Committee notes the decision rendered by the Industrial Court in October 2013, 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 provide 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 Government indicates that no decisions relating to Article 6 of the Convention were rendered by the Industrial Court. The Committee invites the Government to provide copies of any future decisions rendered by the Industrial Court relating to Article 6 of the Convention.

Article 7. Opportunity to defend oneself against allegations made. The Government reiterates 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 non-established government employees. The Government previously indicated 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 (General Survey on protection against unjustified dismissal, 1995, paragraph 148). The Committee requests 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 both law and practice that workers are afforded the opportunity to defend themselves before having their employment terminated.

Articles 13 and 14. Terminations of employment for economic, technological, structural or similar reasons. The Government previously indicated 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 previously noted in this regard that recommendations had been made by the National Labour Board (NLB) to address this issue. The Committee requests 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 Articles 13 and 14 of the Convention.