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131.   Unfair dismissal

Revised Laws of Saint Lucia (2021)

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131.   Unfair dismissal

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    (1)   An employer shall not dismiss an employee or institute disciplinary action based on—

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      (a)     an employee's race, sex, religion, colour, ethnic origin, national extraction, indigenous origin, social origin, political opinion or affiliation, trade union affiliation or activity, disability, sexual orientation, serious family responsibility or marital status;

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      (b)     an employee's age, subject to any other enactment in force, or collective bargaining provisions or contractual provisions regarding retirement;

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      (c)     a female employee's maternity leave or benefits, pregnancy or a reason connected with her pregnancy;

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      (d)     an employee's exercise of any of his or her organizational or associative rights as specified under this Act;

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      (e)     an employee's temporary absence from work because of sickness or injury, unless it occurs frequently and is found to be an abuse of sick leave provisions under this Act;

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      (f)     the perception that the employee has or is carrying the HIV/AIDS unless the employee is engaged in work established as putting other persons at risk of contracting the HIV/AIDS or unless the inherent requirements of the job permit the removal of that employee to other duties;

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      (g)     an employee's absence from work due to compulsory military service, national service, public duty or other civic obligation in accordance with any enactment or practice in force;

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      (h)     an employee's exercise or proposed exercise of the right to remove himself or herself from a work situation which he or she reasonably believes presents an imminent or serious danger to life, health or safety;

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      (i)     an employee's participation, or proposed participation, in industrial action, including strikes;

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      (j)     the filing of a complaint or the participation in proceedings against an employer involving alleged violations of this Act;

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      (k)     an employee's refusal to do work usually performed by another employee or employees currently engaged in industrial action where that work does not form part of his or her contract of employment; or

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      (l)     a conviction which is spent in accordance with the Criminal Records (Rehabilitation of Offenders) Act.

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    (2)   A dismissal on any grounds specified in subsection (1) constitutes unfair dismissal and entitles the employee to compensation in accordance with this Act.

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