Revised Laws of Saint Lucia (2022)

8.   Protection of freedom of association

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    (1)   Subject to the provisions of the Constitution of Saint Lucia, freedom of association and the right to collective bargaining are fundamental rights guaranteed by this Act and a person shall not interfere with the exercise of these rights.

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    (2)   A person shall not—

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      (a)     dismiss or threaten to dismiss an employee;

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      (b)     discipline or suspend or threaten to discipline or suspend an employee;

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      (c)     impose any penalty upon an employee;

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      (d)     intimidate or coerce an employee or employer; or

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      (e)     discriminate against an employee in any way;

because the employee or employer, as the case may be, has acted in compliance with this Act or the regulations, or an order made under this Act, or has sought the enforcement of this Act or the regulations, or has observed the procedures established by this Act, or has given evidence in an inquest or in proceedings in respect of the enforcement of this Act or the regulations.

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    (3)   Where a person complains that another person has contravened subsection (2), the matter shall be determined by complaint to the Tribunal, and in a case of dismissal in contravention of subsection (2) (a), the matter shall be treated as a complaint of unfair dismissal in accordance with section 131.

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    (4)   On an inquiry into a complaint filed under subsection (3), the burden of proving that an employer or person acting on behalf of an employer did not act contrary to subsection (2) lies upon the employer or the person acting on behalf of the employer.