Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Examining the Protection  of Employment Act (cont’d)
Prime the pump
September 17, 2024

Examining the Protection of Employment Act (cont’d)

This quote by Plato got a smirk out of me “Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws.”

Today, we continue our series that focuses on certain aspects of the Saint Vincent and the Grenadines Protection of Employment Act, 2003. This week we look at Terms of employment in writing, and Termination for good cause. The Act states as follows:

“8. (1) Save in the case of daily paid and weekly paid workers, an employer shall inform an employee in writing of the terms and conditions of employment and such terms and conditions shall include:

(a) The date of commencement of employment;
(b) The name and address of the employer and the employee;
(c) The rate of pay, the overtime rate if any and the pay period;
(d) The probationary period if any;
(e) The hour of work including time off and rest period, if any;
(f) The rate of vacation, sick and maternity leave if applicable; and
(g) The duties to be performed.”

This is explicit. An employee should be given a written document outlining the terms of the employment relationship within seven working days of employment.

There are cases where employees are employed but are afraid to ask about the condition of employment because they are afraid they would be fired. A law abiding employer would ensure that the employee is in the know. That the employee is told or shown how to determinate their hourly rate and how to calculate their overtime pay. In so doing, the employee will be able to determine if a mistake was made with their wage calculation. The employee should know if they are on probation and for how long. When the probationary period has elapsed, the employee has a right to enquire about a letter of confirmation and whatever benefits they may be entitled to.
The employee should also be aware that during the probationary period the employment relationship can be terminated at any time by either party and only wage for period worked or notice will be due. The employee should also be aware of vacation, sick leave, maternity or, as is the case now, paternity leave entitlement. The employee should be given a job description outlining the duties and responsibilities. Where the job description has been agreed upon and signed, an employee cannot refuse to carry out the assigned work. Where it is alleged that the assigned tasks are impacting the employee’s health, the employee is expected to produce a certified doctor’s report of such.

Termination for good cause: The Act states “(1) The services of an employee may be terminated for good cause, and any employee whose service is so terminated shall not be eligible to receive from his employer severance pay under Part III of this Act.”

Point to note, severance pay is not applicable for all terminations. The term “Termination for good cause” means that the employee has given the employer a good reason to sever the employment relationship. Where the employee’s actions warrant termination, severance is not paid. Termination for good cause could be in the form of a summary dismissal i.e. termination for a matter without applying other forms of disciplinary procedures. Or, it could be after the employee would have received several warnings and chances to correct negative behaviours or poor performance.

According to the Act, an employee could be terminated without severance if found guilty of repeated misconduct. For example, if an employee’s negligence resulted in property damage. If this is a repeated offence and the employee was warned on previous occasions about their behaviour, but the negligent behaviour continued.

The employee could be terminated for good cause.

Another reason for termination for good cause is unsatisfactory performance. In this case, if over a six-month period, the employee received verbal and written warnings about their conduct and performance and the consequence of the persistent behaviour. Also, that the warnings were done in the presence of two credible witnesses.

It must also be noted that the employee must know that he/she is being warned. There are cases where managers claimed that employees were warned but employees denied ever being warned. Usually, in those cases, a manager may have made a “passing comment” to an employee or, composed a generic memo to the entire company or department instead of dealing directly with the offending employee. A warning should be done in the presence of two credible witnesses and a warning letter should be signed by the employee in acknowledgment.

Join us again next week as we conclude ‘Termination for good cause’.

 

Visit us at www.searchlight.vc or https://www.facebook.com/Searchlight1.We’ll help you get noticed.

  • FacebookComments
  • ALSO IN THE NEWS
    Distinguished lawyer is new   G-G of SVG (+VIDEO)
    Front Page
    Distinguished lawyer is new G-G of SVG (+VIDEO)
    Webmaster 
    January 9, 2026
    Veteran lawyer, Stanley ‘Stalky’ John, who is St Vincent and the Grenadines’ seventh Governor- General, has honoured his predecessor, Dame Susan Douga...
    Vincentian educator crowned US Middle  School Principal of the Year
    Front Page
    Vincentian educator crowned US Middle School Principal of the Year
    Webmaster 
    January 9, 2026
    Vincentian educator Deborah Dennie, whose teaching career commenced at the Kingstown Methodist School, has been named the 2026 Middle School Principal...
    63-year-old woman wouldn’t sell her house in Kingstown for $1 million
    Front Page
    63-year-old woman wouldn’t sell her house in Kingstown for $1 million
    Webmaster 
    January 9, 2026
    by Jada Chambers In a season where money speaks loudly, Karen John believes there are some things that are worth remaining the same. The 63-year-old w...
    Ottley Hall duo charged with murder and attempted murder
    Front Page
    Ottley Hall duo charged with murder and attempted murder
    Webmaster 
    January 9, 2026
    An Ottley Hall man, who has been charged with kidnapping, robbery and illegal firearm possession, is now charged alongside a fellow villager with murd...
    Gun fire erupts again in Ottley Hall
    Front Page
    Gun fire erupts again in Ottley Hall
    Webmaster 
    January 9, 2026
    The Ottley Hall community is in the spotlight again as it relates to gun violence. On Sunday, January, 4 2026, at approximately 2:00 p.m. a man was wo...
    Body found in Park Hill is that of 69-year-old farmer
    Front Page
    Body found in Park Hill is that of 69-year-old farmer
    Webmaster 
    January 9, 2026
    A post mortem examination is to be carried out on the decomposing body of a man which was found in Park Hill on the evening of Wednesday, January, 7 2...
    News
    From the Courts, News
    Dauphine resident accused of theft
    Webmaster 
    January 9, 2026
    A 44-year-old woman of Dauphine has been accused of theft and will appear in court to answer the charge. The police said in a release that on January,...
    Former Assessor says galvanize sheets in Mayreau were not stolen
    News
    Former Assessor says galvanize sheets in Mayreau were not stolen
    Webmaster 
    January 9, 2026
    A video clip which been making the rounds on social media depicting a scene in which the police are seen removing building materials from the yard of ...
    Lotto pays our record PLAY-4 Jackpot
    News
    Lotto pays our record PLAY-4 Jackpot
    Webmaster 
    January 9, 2026
    For the first time in St Vincent and the Grenadines (SVG), a cheque for $EC 499,200 was handed over a winner in the PLAY-4 game run by the National Lo...
    CXC moving to digitize Examinations
    News
    CXC moving to digitize Examinations
    Webmaster 
    January 9, 2026
    The Caribbean Examinations Council, CXC, is keeping up with technology and is moving to have its examinations digitized. Affirmation of this came from...
    News
    Delta opens SVG to over 100 USA cities, airline official says
    Webmaster 
    January 9, 2026
    The recent addition of Delta Airlines to the list of carriers that service the Argyle International Airport (AIA), has opened up St Vincent and the Gr...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok