Continued from last week
12. (1) The employer may terminate the employment of the employee because the employee is redundant under the provisions of subsection (2).
(2) The employee is redundant under subsection (1) where in relation to his employer’s business where he is employed, his termination of employment is or is part of a reduction in the work force that is a direct result of –
the modernisation, automation or mechanisation by the employer of all or part of the business
(b) the discontinuance by the employer to carry on all or part of the business;
(c) the sale or other disposition by the employer of all or part of the business;
(d) the reorganisation of the business by the employer to improve efficiency;
(e) the impossibility or impracticability for the employer to carry on the business at its usual rate or level or at all due to –
(i) a shortage of materials
(ii) a mechanical breakdown
(iii) a force majeure; or
(iv) an act of God
(f) a reduced operation in the employer’s business made necessary by economic conditions, including a lack of or change in markets, contraction in the volume of work or sales, reduced demand or surplus inventory
(3) Prior to terminating the employment of any employee pursuant to this section, the employer shall –
(a) Inform as early as possible but not later than one month from the date of the existence of any circumstances mentioned in subsection (2), the recognised trade union, or if none exists, the employee or the employee’s representative and the Chief Labour Officer of –
(i) the existence of any of the circumstances mentioned in subsection(2)
(ii) the reasons for the contemplated termination of employment;
(iii) the number and categories of the persons likely to be affected;
(iv) the period over which such termination is likely to be carried out; and
(v) such other matters as may be relevant;
(b) consult as early as possible but not later than one month from the date of the existence of any of the circumstances mentioned in subsection (2), with the recognised trade union or if none exists the employee or the employees’ representative and the Chief Labour Officer, on the possible measures that could be taken to avert or mitigate the adverse effects of such circumstances in relation to employment generally and the employees concerned;
(4) Any employer who contravenes any of the provisions of this section shall be liable on summary conviction to a fine of twenty thousand dollars and imprisonment for a period of three months.
13. Where upon the sale or other disposition by an employer of a business as provided for in section 12 (2) (c), the successor employer agrees to honour any of the obligations under this Act of the first mentioned employer all such obligations of the first mentioned employer shall fall upon and are binding on the successor employer who has acquired the business.
14. (1) No employer shall lay off an employee except where the employer is empowered by this Act to terminate the employment of the employee because of redundancy under section 12.
(2) No layoff under subsection (1) shall exceed six weeks.
(3) Any employer who contravenes the provision of this section shall be liable on summary conviction to a fine of fifteen thousand dollars.
15. (1) Where a contract of employment for an unspecified period of time is being terminated for any reason of redundancy under section 12, or by notice under section 7 (c) (ii), such contract of employment, shall except during the probationary period, be terminated by the employer upon giving the following minimum period of notice in writing-
(a) two weeks where the employer has been employed by the employer for less than one year;
(b) one month, where the employee has been employed by the employer for one year or more.
(2) Where the employee terminates his contract of employment with the employer, the periods of notice under subsection (1) shall also be the periods of notice that such employee shall give to his employer.
(3) The periods of notice under subsection (1) shall not apply where the employer is entitled to summarily dismiss an employee under this part.
(4) A notice of termination under subsection (1) shall not be given by an employer during an employee’s period of absence on any authorised leave granted under any employment law or the employee’s contract of employment.
(5) Nothing in this section shall prevent
(a) the parties to the contract from agreeing to a longer period of notice of termination than is provided for in this section:
(b) an employer waiving the right to receive notice under subsection (2).
