Labour Code 2012 - Government of Montserrat

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MONTSERRATLABOUR CODE, 2012No. 20 of 2012(4) Where the employee, after being warned in accordancewith subsection (3), is guilty of a similar offence ormisconduct in the following 6 months, the employermay terminate the employee’s contract without furthernotice.(5) An employer who dismisses an employee undersubsection (4) shall provide the employee with a writtenstatement of the reasons for the action.(6) The employer shall be deemed to have waived his or herright to terminate the employment of an employee formisconduct where he or she has failed to do so within 6months after having knowledge of the misconduct.(7) Where, after the probationary period has expired, theemployee is not performing his or her duties in asatisfactory manner, the employer may give him or her awritten warning to that effect.(8) Where the employee, after he or she is warned pursuantto subsection (7), does not, during the following 3month period, demonstrate that he or she is able toperform and has performed duties in a satisfactorymanner, the employer may terminate the employmentcontract.(9) An employer shall not terminate the employment of anemployee for unsatisfactory performance unless theemployer has given the employee written warningpursuant to subsection (7) and appropriate instructionsand training where required to correct the unsatisfactoryperformance and the employee continues to perform hisor her duties unsatisfactorily for a period of 3 months.(10) An employer may terminate the employment of anemployee where the employee could not continue towork in the position held without contravention of thelaw.(11) An employer may terminate the employment of anemployee where the employee is made redundant.40
MONTSERRATLABOUR CODE, 2012No. 20 of 201262. Prohibited grounds for dismissalThe following shall not constitute valid reasons fortermination of employment or other forms ofdiscipline—(a) union membership or participation in unionactivities outside working hours or, with the consentof the employer, within working hours;(b) seeking office as, or acting or having acted in thecapacity of, a workers’ representative;(c) the filing in good faith of a complaint or theparticipation in a proceeding against an employerinvolving alleged violation of any enactment;(d) participation or proposed participation in legitimateindustrial action including a strike, which takesplace in conformity with the Code;(e) race, colour, age (except for purposes of retirementand restrictions on work and employment of youngpersons and children), sex, sexual orientation,marital status, religion, political opinion oraffiliation, national extraction or social origin,ethnic origin, disability or HIV status;(f) family responsibility, pregnancy or absence fromwork during maternity leave as certified by amedical practitioner;(g) temporary absence from work due to illness orinjury as certified by a medical practitioner,provided that the employee informs the employeron the first day of absence and submits thecertificate to the employer no later than the thirdday of absence;(h) absence from work due to compulsory militaryservice or other civil obligation in accordance withlaw;(i) the exercise or proposed exercise of the right toremove oneself from a work situation which he or41
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Labour Code 2012 - Government of Montserrat

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