Labour Code 2012 - Government of Montserrat

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MONTSERRATLABOUR CODE, 2012No. 20 of 2012(2) Where the employee claims to be constructivelydismissed, the employee has to prove that thecontinuation of the employment contract wasunreasonable to him or her.68. Remedies for dismissal(1) Where an employee is dismissed in contravention of theCode, he or she is entitled to—(a) compensation as assessed by the Tribunal;(b) reinstatement to the position held before dismissal;or(c) re-engagement in a position that is substantiallyequivalent to the position held before dismissal ifthe position is not immediately available.(2) Where the Tribunal orders compensation, it shall takeinto account, among other things—(a) any vacation pay earned, but not taken;(b) any wages and other remuneration lost by theemployee on account of the dispute up to the date ofdetermination of the issue by the Tribunal;(c) the termination notice to which the employee wouldhave been entitled;(d) the employment category of the employee, his orher seniority and the ease or difficulty with whichhe or she can secure alternative employment; and(e) the duty of the employee to mitigate his or herlosses.69. Winding up of employer’s business(1) An employee’s employment contract is deemed to beterminated 1 month from the date of winding up or theappointment of a receiver of the employer’s business.(2) This section shall not apply where, despite the windingup or appointment of a receiver, the business continuesto operate or is transformed.44
MONTSERRATLABOUR CODE, 2012No. 20 of 2012(3) Despite any enactment to the contrary, on the windingup of or appointment of a receiver with respect to anemployer’s business, the claim of an employee, or thoseclaiming on his or her behalf, to the following paymentsto which he or she is entitled under the Code or anycontract shall have priority over other creditors,including the Government and the social securitysystem—(a) wages, overtime pay, commissions and other formsof remuneration including gratuity relating to workperformed during the 26 weeks preceding the dateof winding up or appointment of a receiver;(b) vacation pay due;(c) amounts due in respect of other types of paidabsence accrued during the 12 months preceding thedate of winding up or appointment of a receiver;and(d) severance pay, compensation for unfair dismissaland other payments due upon termination of his orher employment.(4) Where the employer’s personal or legal position formedthe basis of the contract of employment, the death of theemployer shall cause the contract of employment toterminate 1 month from the date of the employer’sdeath, unless the contract was terminated in accordancewith the Code.70. Certificate of employment(1) Where an employee is dismissed by his or her employerfor whatever cause, he or she shall be entitled to astatement in writing from the employer giving—(a) the dates between which the employee wasemployed;(b) the nature of the work done by the employee; and(c) the wages and other remuneration payable at thedate of termination of the contract.45
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Labour Code 2012 - Government of Montserrat

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