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Saint Lucia - Substantive requirements for dismissals

Substantive requirements for dismissals (justified and prohibited grounds) - Saint Lucia - 2011    

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Obligation to provide reasons to the employee: No

Valid grounds (justified dismissal): none
  • Either party may terminate the employment contract with notice. No grounds are required for dismissal with notice of a contract for an indefinite period (sec. 6(3) CSA).
    However, according to sec. 7(1) CSA, an employer may dismiss an employee, without giving due notice, in the
    following circumstances:
    (a) where an employee is guilty of misconduct, whether in the course of their duties or not, inconsistent with the fulfilment of the conditions of the contract of service;
    (b) for wilful disobedience of lawful orders given by the employer;
    (c) for repeated substantial neglect of their duties;
    (d) for absence from work without the permission of the employer or without reasonable excuse;
    (e) for lack of skill which the employee had assured the employer of possessing;
    (f) abandonment of employment by the employee;
    (g) by agreement, in writing, between the parties;
    (h) by expiry of the term of the contract of service.

    In addition, art. 10 CSA provides for the employee's right to severance pay in the event of termination of employment for economic reasons (i.e business closure or restructuration, change of ownership)

Prohibited grounds: marital status; pregnancy; family responsibilities; filing a complaint against the employer; colour; sex; religion; political opinion; social origin; nationality/national origin; age; trade union membership and activities; disabilities; whistle blowing; ethnic origin
  • * Except for trade union membership and activities, all those grounds are listed in the Equality of Opportunity and Treatment in Employment and Occupation Act as prohibited grounds of discrimination (sec. 3(2)). Dismissal on those grounds is prohibited under sec. 4(3)(e) of that Act.
    The Act also make it an offence to commit an act of victimisation against a person because that person
    - has made (or proposes to make) a complaint or brought proceedings under this Act,
    - has furnished information or testified before any person performing any power under this Act or proposes to do so;
    - has made in good faith, allegation that a person has committed an unlawful act of discrimination (sec. 20(2) EOTEOA).
    * Dismissal or any discriminatory acts on the grounds of trade union membership or activities is prohibited under the Registration, Status and Recognition of Trade Unions and Employers' Organisations Act. (sec. 5(1) TUEOA)

Workers enjoying special protection: no protected groups