Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

The Committee notes that that Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2011.

Repetition

Article 2(2)(c) of the Convention. The Government previously indicated that, pursuant to 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. The Committee notes, however, that no information is provided by the Government regarding any legislative or other measures relevant to the application of the Convention, including on the content or status of the proposed amendments to the Labour Code. The Committee hope that the Government will take steps to revise the legislation, taking account of the Convention to ensure that full effect is given to its provisions, including Article 2(2)(c).

Article 4. Valid reason for termination. The Committee reiterates its request that the Government 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 Committee once again requests the Government to provide copies of any 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 reiterates its request that the Government provide copies of any decisions rendered by the Industrial Court relating to Article 6 of the Convention.

Article 7. Opportunity to defend oneself against allegations made. The Committee once again requests the Government to provide information on measures taken or envisaged to give full effect to Article 7 of the Convention, particularly in terms of affording workers the opportunity to defend themselves against any allegations made prior to termination.

Articles 13 and 14. Terminations of employment for economic, technological, structural or similar reasons. The Committee once again requests the Government to provide information on the manner in which full effect is given to Articles 13 and 14 of the Convention in both law and practice.

Application in practice. The Committee reiterates its request that the Government 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 take for an appeal to be decided) and on the number of terminations for economic or similar reasons.