Revised Laws of Saint Lucia (2022)

162.   Non-entitlement to redundancy pay

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    (1)   An employee is not entitled to a redundancy payment where the employee—

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      (a)     is fairly dismissed in accordance with this Act for serious misconduct or misconduct, fundamental breach of the employment contract, or lack of qualification or skill where the employee purported to have such qualification or skill;

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      (b)     unreasonably refuses to accept an offer in writing of re-employment by the employer at the same place of work, under no less favorable terms and conditions than he or she was employed immediately prior to the termination;

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      (c)     is employed under a contract of employment for a specified period of time and that period expires on the relevant date without being renewed under the same contract;

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      (d)     refuses to accept a suitable offer of re-employment made in writing by the employer to the employee before the redundancy, for employment in a different capacity and in a different place or under different terms and conditions of employment which would take effect not later than 4 weeks after the redundancy;

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      (e)     is employed by a partnership and his or her employment ceases on the dissolution of the partnership, and he or she either enters into employment with one or more of the partners immediately after such dissolution, or unreasonably refuses to accept an offer of employment by any such partner on no less favorable terms than he or she was employed immediately prior to the dissolution;

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      (f)     is employed by an employer who dies, and the employee either enters into the employment of the personal representative, widow, widower, or any heir of the deceased employer immediately after such death, or he or she unreasonably refuses to accept an offer of employment by any such person on no less favorable terms than those under which he or she was employed immediately prior to the death; or

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      (g)     voluntarily terminates the contract of employment except in a situation of constructive dismissal or where he or she, in agreement with his or her employer, or under the terms of a collective agreement or the contract of employment, chooses to retire from employment.