The ratification, domestication and application of the ILO convention number 158 of 1982 regarding the right to be heard in cases of dismissal in Zambia
Date
2013-04-18
Authors
Mupanda, Bwalya
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Abstract
Zambia has ratified various Conventions of the ILO but of relevance is No. 158 of the ILO Conventions relating to the termination of employment. Article 7 of this Convention emphasizes the need for an employee to be given an opportunity to exculpate himself before his contract of employment is terminated on the basis of his conduct or performance. The salient provisions of this Convention have been enacted as part of the local employment law but there is still a gap in the direct application of the said provision. It has been observed that even after the ratification of the Convention and the purported subsequent domestication of Article 7 of the ILO Convention No. 158 as Section 26A of the Employment Act, the courts have rejected the reliance on the said international provision with regard to the right to be heard. In addition, the courts have come in to interpret the application of the rules of natural justice in cases of dismissal and termination of employment bearing in mind the stated provisions and this paper will analyze the approaches taken by the courts in doing so. It will be observed that the right to be heard is not applicable to all cases in which there has been a termination of employment or dismissal. Chapter one of this paper gives a brief background of the concept of the right to be heard at common law, international law as well as in cases of dismissal in Zambia. The paper then examines the common law position on dismissal and termination of employment as well as the ILO Convention No. 158 in Chapter two. Chapter three discusses the types of dismissal. The views of the courts in Zambia concerning the right to be heard and its applicability in matters of dismissal will be highlighted in this chapter as well.Finally, Chapter four will provide a conclusion and recommendations. The main source of material used will be case law as espoused by the Supreme Court of Zambia as well as the House of Lords. Books and article will also be referred to in this paper.
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Keywords
Right to be heard , Human Rights-Zambia