Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information contained in the Government’s report. It also takes note of the conclusions of the Committee on Freedom of Association in Case No. 1959 (320th Report, approved by the Governing Body at its 277th Session in March 2000).

The Committee notes the entry into force of the Trade Union Amendment Act 1998, which took effect on 1 May 2000. The Committee observes that in the context of Case No. 1959, the Government had indicated that it remained committed to the objective of including management persons within the scope of the provisions of the 1998 Trade Union Amendment Act, despite the defeat of an amendment to this effect in the Senate in August 1999. In addition, the Government referred to the need to amend the Act to further protect against any eventual employer intimidation or interference in respect of union certification or decertification. In its latest report, the Government states that no new development has been made on these issues. The Committee thus requests the Government to indicate in its next report the measures taken or envisaged in order to include management persons within the scope of the Act, as well as any measures envisaged to further protect against any eventual employer intimidation or interference in respect of union certification or decertification.