Revised Laws of Saint Lucia (2022)

145.   Termination due to redundancy

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    (1)   An employer may terminate the employment of the employee because conditions of redundancy exist which make the employee's position redundant under subsection (2).

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    (2)   For purposes of subsection (1), an employee's position may be made redundant where the termination is because—

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      (a)     the employer has modernized, automated or mechanized all or part of the business;

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      (b)     the employer has discontinued to carry on all or part of the business;

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      (c)     the employer has sold or otherwise disposed of all or part of the business;

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      (d)     the employer has reorganized all or part of the business;

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      (e)     it has become impossible or impracticable for the employer to carry on all or part of the business at its usual rate or level or at all, due to—

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        (i)     a shortage of materials,

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        (ii)     a mechanical breakdown,

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        (iii)     an act of God, or

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      (f)     a reduced operation in all or part of the employer's business has been made necessary by economic conditions, including a lack of or change in markets, contraction in the volume of work or sales, reduced demand or surplus inventory.

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    (3)   Prior to terminating the employment of any employee under this section, the employer shall—

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      (a)     inform the trade union recognized in accordance with Division 2 of Part 7 or, if none exists, the employees' representative and the employee as early as possible, of inter alia

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        (i)     the existence of any situation described under subsection (2),

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        (ii)     the reasons for the terminations contemplated,

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        (iii)     the number and categories of the persons likely to be affected, and

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        (iv)     the period over which such terminations are likely to be carried out;

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      (b)     consult as early as possible with that recognized trade union, or if none exists, the employees' representative, and the employee on—

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        (i)     the possible measures that could be taken to avert or minimize the adverse effects of such situations on employment, and

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        (ii)     the possible measures that could be taken to mitigate the adverse effects of any terminations on the employees concerned;

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      (c)     notify the Labour Commissioner as early as possible, giving relevant information, including a written statement of—

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        (i)     the reasons for the terminations,

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        (ii)     the number and categories of workers likely to be affected, and

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        (iii)     the period over which the terminations are l likely to be carried out.