International

International Laws relating to Unlawful Dismissal

ILO Convention 158, Termination of Employment (1982)8

Article 4 of ILO Convention 158 specifies that:

The employment of a worker shall not be terminated unless there is a valid reason for such termination connected with the capacity or conduct of the worker or based on the operational requirements of the undertaking, establishment or service.

Article 5 outlines the reasons that may not be used to justify termination. They include union membership, filing a complaint against an employer, race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin, or absence from work during maternity leave. Temporary absence from work because of illness or injury is also not a valid reason [Article 6]. Workers should be allowed the opportunity to defend themselves where they are terminated for their conduct [Article 7] and shall be entitled to appeal the decision where he or she feels it is unjustified [Article 8].

Furthermore, Article 11 states that:

A worker whose employment is to be terminated shall be entitled to a reasonable period of notice or compensation in lieu thereof, unless he is guilty of serious misconduct, that is, misconduct of such a nature that it would be unreasonable to require the employer to continue his employment during the notice period.

None of the GMS countries have ratified ILO Convention 158.

Endnotes
8 ILO Convention 158, available at http://www.ilocarib.org.tt/projects/cariblex/ conventions_8.shtml (accessed 7/06/11).