Examining the Protection of Employment Act (cont’d)-termination notice and summary termination

“No man is above the law and no man is below it: nor do we ask any man’s permission when we ask him to obey it.” Theodore Roosevelt.

Long ago there were more employers giving employees notice of terminations than they do these days. Back then, an employee who was going to be terminated was informed two weeks or a month prior that their services were going to be terminated. In so doing, the employer did not have to pay the employee in lieu of notice. On the other hand, that time frame gave vindictive employees the time to wreak havoc on the organization. These days, more often than not, employees are caught by surprise. They are paid in lieu of notice and given their marching orders immediately. Some might argue that it is the more humane thing to do. After all, what quality of work can an employee produce knowing that their employment days are numbered?

Welcome back to our series as we explore the Saint Vincent and the Grenadines (SVG) Protection of Employment Act, 2003. Today we look at Termination notice and Summary termination.

The Act states that in the exception of termination for good cause, an employer must give an employee a minimum notice period in writing or payment in lieu of such notice. The Act further states that “The periods of notice specified in the Schedule shall not apply where it is customary for an employer to give longer periods of notice as a result of the nature and function of the work performed by an employee.”

Let’s break this down. Usually, in an employee’s contract of employment, it specifies the notice period that is required if the employee is desirous of terminating the contract of employment after probation. This in most cases is either two weeks, if the employee is fortnightly paid, or one month if the employee is monthly paid. However, depending on the seniority of the position or area of expertise, an employee may be required to give the employer a wider notice period to allow the employer to find a suitable replacement. In this case, the employer will also be required to give the employee a wider notice period e.g. two months notice, or pay the employee two months salary in lieu of notice.

There is also the agreement around how difficult or easy it would be for someone to find a job after being terminated. I have heard of senior executives negotiating three to six months salary in lieu of notice, arguing that on average, that’s the length of time it would take them to find employment at that level.

Under the subject of “summary dismissal” the Act states “An employer may summarily dismiss without notice or payment of any severance pay an employee who is guilty of serious misconduct pertaining to his employment if the conduct is of such a nature that it would be unreasonable to require the employer to continue the employment relationship.” There have been cases where employees who want to leave an organization have enquired about what they need to do to get their severance. In reality, severance is only paid when the employee did not give the employer reasons to terminate. There are also occasions when employees, after being terminated for good cause, would call asking about severance pay. The Act further states that “Pursuant to subsection (1) the serious misconduct shall be directly related to the employment relationship and have a detrimental effect on the business.” In other words, if an employer is going to summarily dismiss an employee without notice and without severance, it must be because the employee’s misbehaviour was connected to the employee’s job and damaging to the organization.

“Don’t expect to have a job waiting for you if go complaining to the Labour Department.” Sounds familiar? Join us next week as we explore Prohibitions against termination. Remember, the Saint Vincent and the Grenadines Protection of Employee Act is in the public domain. It can be downloaded from the internet or purchased at the Government Printing Office. “Ignorance of the law is no excuse in any country. If it were, the laws would lose their effect, because it can always be pretended.” Thomas Jefferson

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