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57A.   Employee's protection

Revised Laws of Saint Lucia (2021)

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57A.   Employee's protection

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    (1)   An employer shall not, dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee or deny that employee a benefit where —

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      (a)     the employee, on reasonable belief has —

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        (i)     notified the Commissioner that the employer or any other person has contravened or is about to contravene this Act,

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        (ii)     done or stated the intention of doing anything that is required to be done in order to avoid having any person contravene this Act, or

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        (iii)     refused to do or stated the intention of refusing to do anything that is in contravention of this Act;

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      (b)     the employer believes that the employee will do anything described in paragraph (a).

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    (2)   Where an employer contravenes subsection (1), an employee is entitled to lay a complaint before the Commissioner for determination of the matter.

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    (3)   Notwithstanding subsection (2), where an employee is dismissed, suspended, demoted, disciplined, harassed or otherwise disadvantaged or denied a benefit in subsection (1), the matter shall be treated as an unfair dismissal in accordance with section 131 of the Labour Act.

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    (4)   The Commissioner shall, in conducting deliberations or hearings in relation to an investigation in private under section 28, exempt an employee who acts in accordance with subsection (1)(a) from making further representations on any contravention of this Act.

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    (Inserted by Act 2 of 2015)

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