Revised Laws of Saint Lucia (2021)

84.   Proceedings against employer for benefit lost by default

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    (1)   Where an employer has failed or neglected to—

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      (a)     pay any contribution which under this Act he or she is liable to pay in respect of or on behalf of any insured person in his or her employment; or

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      (b)     comply in relation to any insured person, with the requirements of this Act relating to the payment and collection of contributions, and by reason thereof that person to whom a benefit under this Act may have been payable has lost in whole or in part the benefit to which he of she would have been entitled, that person is entitled to recover in a district court, from the employer as a civil debt, a sum equal to the amount of the benefits so lost, irrespective of the amount.

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    (2)   Proceedings may be taken under this section, although proceedings have been taken under any other section of this Act in respect of the same failure or neglect.

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    (3)   Proceedings under this section, may, despite any enactment to the contrary, be brought at any time within 10 years after the date on which the insured person, but for the neglect or failure of the employer, would have been entitled to receive the benefit lost.