Labour Code 2012 - Government of Montserrat

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MONTSERRATLABOUR CODE, 2012No. 20 of 201257. Offences and penalties for non-compliance(1) Subject to section 51, an employer who contravenes thisPart commits an offence and is liable to a fine of$5,000.00.(2) An employee is entitled to recover in a court so much ofhis or her wages as have not been paid to him or her,including any entitlement under this Part but exclusiveof sums lawfully deducted, plus interest at the rate to bedetermined by the court.PART 5—DISCIPLINE AND TERMINATION OFEMPLOYMENT58. Disciplinary action by employer(1) An employer is entitled to take disciplinary actionincluding dismissal in accordance with this Code.(2) Disciplinary action includes—(a) a verbal warning;(b) a written warning;(c) reduction in wages or salary;(d) demotion; and(e) dismissal.(2) An employer shall not impose a fine or other monetarypenalty on an employee as a form of disciplinary actionor otherwise.59. Procedure for disciplinary actionAn employer shall not take disciplinary action against anemployer without—(a)(b)(c)a valid and fair reason connected with thecapacity or conduct of the employee;informing the employee in writing of the natureand particulars of the complaint against theemployee; andgiving the employee or his or her representative a38
MONTSERRATLABOUR CODE, 2012No. 20 of 2012fair opportunity to defend himself or herself,including access to his or her employment recordand all supporting documents or statements to beused against him or her.60. Termination of employment on grounds of incapacityarising from a medical condition or injuryAn employer may terminate the employment of anemployee where 2 medical practitioners certify that theemployee is unfit to continue in employment because ofincapacity of the mind or body which has lasted for atleast 6 months and which is likely to be permanent.61. Termination on other lawful grounds(1) An employer is entitled to dismiss summarily, withoutnotice, an employee who is guilty of gross misconductof a nature that it would be unreasonable to require theemployer to continue the employment contract.(2) The gross misconduct referred to in subsection (1) isrestricted to that conduct which is directly related to theemployment contract and has a detrimental effect on thebusiness and it includes, but is not limited to, situationsin which the employee has—(a) conducted himself or herself in a manner as toclearly demonstrate that the employment contractcannot reasonably be expected to continue;(b) been convicted of an offence in the course of his orher employment, the penalty for which prevents theemployee from meeting his or her obligations underhis or her employment contract for 12 working daysor more.(3) Where an employee is guilty of an offence in breach ofhis or her employment contract, or of any misconductsuch that the employer cannot reasonably be expected tocontinue to employ him or her if it is repeated, theemployer may, when taking disciplinary action, warn theemployee in writing that repetition of the behaviour willresult in summary dismissal.39
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Labour Code 2012 - Government of Montserrat

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