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Antigua and Barbuda - Substantive requirements for dismissals

Substantive requirements for dismissals (justified and prohibited grounds) - Antigua and Barbuda - 2018    

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Obligation to provide reasons to the employee: Yes
  • Upon termination by an employer subsequent to the expiration of the probation period, the employer is required to furnish a written statement indicating the precise reason for the termination, upon a request being made by the employee within seven days of termination or notice thereof (sec. C10 LC as amended by sec. 8 LCA).

Valid grounds (justified dismissal): any fair reasons
  • Sec. C56 LC: After the expiry of the probationary period, every employee has the right not to be unfairly dismissed and no employer shall dismiss any such employee without just cause.

    According to sec. C58 LC a dismissal is not unfair if the reason behind it:
    - relates to misconduct of the employee,
    - relates to the capability or qualifications of the employee to perform work
    - is that the employee was redundant;
    - is that the employee could not continue to work in the position he held without contravention (on his or on the employer's part) of a requirement of law; or
    - is some other substantial reason of a kind which would entitle a reasonable employer to dismiss an employee holding the position which the employee held (inserted by sec. 18 LCA)
    There needs to be a factual basis for the assigned reason.
    The test for deciding whether or not a dismissal was unfair is whether or not, under the circumstances the employer acted unreasonably or reasonably.

Prohibited grounds: race; colour; sex; religion; political opinion; age; trade union membership and activities
  • The LC does not expressly provide a list of prohibited grounds for dismissal.
    However, sec. C4(1) LC prohibits discrimination with respect to hire, tenure, wages, hours, or any other condition of work on the grounds of race, colour, creed, sex, age or political beliefs.
    On trade union membership or activities, see sec. K(3) and K(4) LC.

Workers enjoying special protection: no protected groups
  • No provision found in the legislation reviewed.