17.08 Employment Ordinance
17.08 Employment Ordinance
17.08 Employment Ordinance
CHAPTER 17.08
EMPLOYMENT ORDINANCE
and Subsidiary Legislation
Revised Edition
showing the law as at 31 August 2009
This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority
of the Revised Edition of the Laws Ordinance 1997.
This edition contains a consolidation of the following laws
EMPLOYMENT ORDINANCE
Page
3
77
85
Made under section 18 of the repealed Employment Ordinance 1988, Cap. 136, 1998 Revised
Edition and continued pursuant to section 112 of the Ordinance, as if made under section 23 of the
Ordinance.
Crown Copyright 2009
Copying/unauthorised distribution strictly prohibited.
Printed under Authority by
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www.lawrevision.ai
CHAPTER 17.08
EMPLOYMENT ORDINANCE
and Subsidiary Legislation
Revised Edition
showing the law as at 31 August 2009
This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority
of the Revised Edition of the Laws Ordinance 1997.
This edition contains a consolidation of the following laws
EMPLOYMENT ORDINANCE
Page
3
77
85
Made under section 18 of the repealed Employment Ordinance 1988, Cap. 136, 1998 Revised
Edition and continued pursuant to section 112 of the Ordinance, as if made under section 23 of the
Ordinance.
Crown Copyright 2009
Copying/unauthorised distribution strictly prohibited.
Printed under Authority by
The Regional Law Revision Centre Inc.
www.lawrevision.ai
Published in 2011
On the authority and on behalf of the Government of the Turks and Caicos Islands
By
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British West Indies
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Employment
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CHAPTER 17.08
EMPLOYMENT ORDINANCE
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
SECTION
1.
2.
Short title
Interpretation
PART II
PARTICULARS OF TERMS OF EMPLOYMENT
Written particulars of terms of employment
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Contract of employment
Employer to prepare written contract
Written particulars of terms of employment
Supplementary provisions relating to statements under section 3
Changes in terms of employment
Powers of Governor to require further particulars
Employment of minors
Scope
Continuity of employment
Disposal of business
Maternity leave
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19.
20.
21.
22.
Criminal liability of agent and superior employer, and special defence open
to employer
Appointment of Commissioner and inspectors
Penalties for false entries in records, producing false records or giving false
information
Power to obtain information
PART IV
PROTECTION AGAINST UNLAWFUL DISCRIMINATION
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
Objectives
Definition of discrimination
Matters relating to Employment
Occupational qualifications exists
Special measures
Sexual harassment
Promotion of equal remuneration
Discrimination by firms
Discrimination by organizations
Unlawful conduct
Association of employers
Discrimination by employment agencies
Discrimination in other areas
Requirement
Publishing and advertising
Discrimination
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CAP. 17.08
50.
51.
52.
53.
54.
55.
56.
57.
General exceptions
Religious bodies
Offences related to discrimination
Victimization
Burden of proof
Proof of exceptions
Penalties
Remedies
PART V
TERMINATION OF EMPLOYMENT
58.
59.
60.
61.
62.
63.
64.
65.
66.
PART VI
UNFAIR DISMISSAL
67.
68.
69.
70.
71.
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.
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83.
Reinstatement or re-engagement
Remedies for unfair dismissal
Order for reinstatement or re-engagement
Supplementary provisions relating to section 86
Amount of compensation
88.
89.
90.
91.
92.
MISCELLANEOUS
102.
103.
104.
105.
106.
107.
108.
109.
110.
Employment
111.
112.
Penalties
Savings
SCHEDULE:
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CHAPTER 17.08
EMPLOYMENT ORDINANCE
(Ordinance 21of 2004)
AN ORDINANCE TO REGULATE THE TERMS OF EMPLOYMENT AND FOR CONNECTED
PURPOSES.
Commencement
[26 November 2004]
PART I
PRELIMINARY
Short title
1.
Interpretation
2.
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12
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14
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PART II
PARTICULARS OF TERMS OF EMPLOYMENT
Written particulars of terms of employment
Contract of employment
3. (1) Unless otherwise provided by this Ordinance, the provisions of this
Part apply to contracts of employment, and each person who provides services to
an employer shall be employed under a separate contract of employment.
(2) A contract of employment may be
(a) a contract without reference to limit of time;
(b) a contract for a specified period of time;
(c) a contract for a specific task; or
(d) a contract for a probationary period of not more than three
months.
(3) A contract without reference to limit of time may be terminated by
either party, subject to the provisions of this Ordinance concerning unfair
dismissal and notice of termination.
(4) A contract for a specified period of time shall automatically terminate
on the date specified for its termination and no notice shall be required for its
termination at that time, but termination at any other time shall be subject to the
provisions of this Ordinance concerning unfair dismissal.
(5) A contract to perform a specific task shall terminate on the
completion of the task and no notice of termination shall be required for its
termination.
(6) Where unknown to the parties or by mistake, a contract for a specified
period or specific task continues after the period or the task then the terms of the
contract are enforceable for the period of the continuation.
(7) Where the purpose or effect of a contract that is purportedly for a
specified period of time or for a specific task is the filling of a post connected
with the normal and permanent activity of the undertaking, establishment or
service, then subject to section 107 it shall be deemed a contract for an
unspecified period of time.
(8) A contract of employment may provide for a probationary period
(a) which shall be for a period of not more than three months,
following the date on which the employment of an employee by
an employer commences;
(b) during which an assessment of the employee shall be undertaken
and such assessment shall be given to the employee before the
end of the probationary period;
(c) which may be terminated at any time by either party without
notice under section 63.
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(3) A contract under this section shall contain the following particulars of
the terms of employment as at a specified date not more than one week before
the contract is given
(a) the scale or rate of remuneration, or the method of calculating
remuneration;
(b) the intervals at which remuneration is paid whether weekly or
monthly or by some other period;
(c) the terms and conditions relating to hours of work including terms
and conditions relating to normal working hours;
(d) the terms and conditions relating to
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the change by a written statement, give a copy of the statement to the employee,
and the employer shall preserve the statement.
(4) Where, after an employer has given to an employee a written contract
in accordance with section 5
(a) the name of the employer is changed, without any change in the
identity of the employer; or
(b) the identity of the employer is changed, in such circumstances
that the continuity of the employees period of employment is not
broken,
and in either case the change does not involve a change in the terms other than
the names of parties in the contract, the person who, immediately after the
change, is the employer shall not be required to give to the employee a contract
in accordance with section 5 but the change shall be treated as a change falling
within subsection (3).
(5) A written statement under this section which confirms such a change
in an employees terms of employment as is referred to in subsection (4)(b) shall
specify the date on which the employees period of continuous employment
began.
(6) Variations of the terms of the contract of employment shall only be
binding in law when agreed or accepted by both parties to the contract.
Employment of minors
9. (1) Every person of the age of sixteen years or more may enter into an
employment contract under this Ordinance.
(2) A person under the age of sixteen years may enter into an
employment contract only with the written consent of the parent or guardian of
the person, or if none exist with the written consent of the Commissioner who
may consult with such persons as he deems fit.
(3) A person who is a party to an employment contract under this
Ordinance may receive directly the wages and benefits payable under the
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Scope
10. This Part shall not apply to an employee
(a) who is employed for a specified period of less than four weeks or
for a fixed task to be performed within four weeks or who is a
student attending secondary school on work experience
performing tasks for a period of six weeks;
(b) who is a family member of the employer;
(c) whose contract of employment is regulated by a collective
agreement which contains terms affording the particulars
specified in section 5 above, provided that the employee is given
a copy of the collective agreement or it is posted at the place of
employment.
Continuity of employment
11. (1) Continuous employment shall begin as and from the day on which an
employee begins to work for an employer and shall end on the effective date of
termination, unless a tribunal orders to the contrary.
(2) It shall be presumed, unless the contrary is shown, that the
employment of an employee with an employer is continuous whether or not the
employee remains in the same job.
(3) An employees continuous employment shall not be treated as
interrupted if the employee is absent from work
(a) because of annual leave, maternity leave or sick leave or any
other leave in accordance with this Ordinance, or a contract or
any other law;
(b) because of his suspension, with or without pay, in accordance
with this Ordinance, any other law or a contract;
(c) because of the termination of his employment in accordance with
this Ordinance or under a contract, so long as reinstatement or reengagement takes place or is made effective not later than six
months beginning with the day after the date of termination;
(d) because of having been temporarily laid-off by the employer;
(e) because of an inability to work on account of an occupational
disease or accident;
(f) because of a lockout;
(g) in accordance with the agreement of his or her employer.
(4) Periods of time elapsing in the circumstance referred to in subsection
(3) shall count for the purpose of calculating the continuous period of
employment.
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(5) Any probationary period and any period of time elapsing between the
end of a probationary period and the commencement of another contract of
employment, described in section 3 (2), with the same or associated employer
shall count for the purpose of calculating the continuous period of employment.
(6) A period during which an employee is absent from work because of
his or her participation in a lawful strike shall not interrupt the continuity of
employment, but shall not count for the purposes of calculating length of
continuous employment.
(7) Periods of short term contracts granted in succession with less than
thirty day intervals shall count for the purpose of calculating the continuous
period of employment.
(8) Acceptance of redundancy benefit by an employee shall terminate the
continuous period of employment.
Disposal of business
12. Where a business or part of it is sold, leased, transferred or otherwise
disposed of, the periods of employment with the successive employers shall be
deemed to constitute a single period of continuous employment with the
successor employer if the employment was not terminated and redundancy
benefit was not paid under this Ordinance.
Maternity Leave
13. (1) A woman employee who has been continuously employed for one
year shall, on the production of a medical certificate stating the presumed date of
her confinement, be entitled to a period of maternity leave of at least fourteen
weeks.
(2) Maternity leave period in subsection (1) may be extended by a period
elapsing between the presumed date of confinement and the actual date of
confinement.
(3) In case of complications arising from the pregnancy she shall be
entitled to additional leave of not more than four weeks before confinement.
(4) Absences necessitated by the pregnancy in addition to entitlements
under subsections (1), (2) and (3) shall be treated as sick leave or compassionate
leave.
(5) An employee is entitled to choose whether she will be absent
(a) continuously for the period of maternity leave;
(b) for a number of shorter periods amounting in total to not more
than the maternity leave period;
(c) for a maternity leave period extended in accordance with
subsection (2);or
(d) whether the childs father will be absent for not more than two
weeks of her maternity leave:
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Provided that the mother herself takes not less than six weeks after
confinement.
(6) An employee shall be entitled to vacation leave in addition to
maternity leave.
(7) An employer shall be entitled to refuse to allow an employee to return
to work at the end of maternity leave unless she first produces a certificate from
a medical practitioner showing that she is fit to return to work.
(8) An additional period of absence caused by a delay in producing such
certificate shall be treated as sickness absence.
(9) An employee shall be entitled to maternity leave in respect of each
confinement up to a limit of four confinements during her employment, and her
employment shall be deemed to be continuous notwithstanding such periods of
leave.
(10) An employee shall be treated as unfairly dismissed if she is dismissed
wholly or mainly by reason of her absence during, or proposed absence in
respect of, maternity leave.
(11) In subsection (7), fit to return to work means fit to return to work of
the nature and extent defined by the contract of the employee.
Itemised pay statements
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(2) Where
(a) a document purporting to be a contract made under section 5 or a
statement under section 6 (3); or
(b) a pay statement, or a standing statement of fixed deductions,
purporting to comply with section 14,
has been given to an employee, and a question is raised as to the particulars
which ought to have been included or referred to in the statement so as to
comply with the requirements of this Part, the employer or the employee may
require that question to be referred to and determined by the Labour Tribunal.
(3) Where a contract under section 5 or a statement under section 6(3)
given by an employer to an employee contains such an indication as is
mentioned in section 6 (4)
(a) any particulars purporting to be particulars of a change to which
that indication relates are entered up or recorded in accordance
with that subsection; and
(b) a question arises as to the particulars which ought to have been so
entered up or recorded,
either the employer or the employee may require that question to be referred to
the Labour Tribunal.
(4) In this section, a question as to the particulars which ought to have
been included in a pay statement, or in a standing statement of fixed deductions,
may be a question solely as to the accuracy of an amount stated in any such
particulars.
(5) Where, on reference under subsection (1), the
determines particulars as being those which ought to have
referred to in a contract or statement, the employer shall give
statement in which those particulars are included, or referred
the decision of the tribunal.
Labour Tribunal
been included or
to the employee a
to, as specified in
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PART III
REMUNERATION OF EMPLOYEES, ETC
Manner and time of payment of wages or salary,
authorised deductions, etc
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(2) If any such contract fixes terms and conditions other than those
relating to remuneration which are less favourable, to the employee, than the
corresponding terms and conditions specified in an order under section 23 it shall
have effect as if the corresponding terms and conditions were substituted for
those fixed by the contract.
(3) If an employer fails
(a) to pay an employee to whom an order under section 23 applies
remuneration not less than the statutory minimum remuneration;
(b) to pay such an employee arrears of remuneration before the
expiration of the period specified in the order;
(c) to pay such an employee vacation remuneration, or severance pay
at the times and subject to the conditions specified in the order; or
(d) to allow to any such employee vacation and the holidays fixed by
the order,
he commits an offence and is liable on summary conviction to a fine of $25,000.
(4) Where proceedings are brought under subsection (3) in respect of an
offence consisting of a failure to pay remuneration not less than the statutory
minimum remuneration, or to pay arrears of remuneration, and the employer or
any other person charged as a person to whose act or default the offence was due
is found guilty of the offence, then, subject to subsection (5)
(a) evidence may be given of any previous failure on the part of the
employer or such other person to pay any such remuneration or
arrears during the two years ending with the date of the offence to
any employee employed by him; and
(b) on proof of the previous failure, the court may order the employer
to pay, together with interest at the rate of two per cent per month
calculated from the date on which that amount became due and
payable, such sum as is found by the court to represent the
difference between the amount of any such remuneration or
arrears which ought to have been paid during that period to both
or any such employees, if the provisions of this Part had been
complied with.
(5) Evidence of any failure to pay any such remuneration or arrears may
be given under subsection (4) only if notice of intention to adduce such evidence
has been served with the summons or warrant.
(6) The powers given by this section for the recovery of sums due from
an employer to an employee shall not be in derogation of any right to recover
such sums by civil proceedings.
(7) Where an offence under this Part committed by a body corporate is
proved to have been committed with the consent or connivance of, or to be
attributable to any neglect on the part of, any director, manager, secretary or
other similar officer of the body corporate, or any person who was purporting to
act in any capacity, he as well as the body corporate commits that offence and is
liable to be proceeded against and punished accordingly.
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(8) Where the affairs of a body corporate are managed by its members,
subsection (7) shall apply in relation to the acts and defaults of a member in
connection with his functions of management as if he were a director of the body
corporate.
Computation of remuneration
26. (1) Subject to the provisions of this Part, any reference in this Part to
remuneration shall be construed as a reference to the amount obtained or to be
obtained by the employee from his employer after allowing for the employees
necessary expenditure, if any, in connection with his employment, and clear of
all deductions in respect of any matter whatsoever except any deduction
authorised to be made under section 18.
(2) Notwithstanding subsection (1), orders under section 23 may contain
provisions authorising specified benefits or advantages, being benefits or
advantages provided, in pursuance of the terms and conditions of the
employment of employees, by the employer or by some other person under
arrangements with the employer and not being benefits or advantages the
provision of which is illegal by virtue of this or any other Ordinance, to be
reckoned as payment of wages or salary by the employer in lieu of payment in
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cash, and defining the value at which any such benefits or advantages are to be
reckoned.
(3) If any payment is made by an employee in respect of any benefit or
advantage provided as mentioned in subsection (2), then
(a) if the benefit or advantage is authorised by virtue of that
subsection to be reckoned as mentioned in that subsection, the
amount of the payment shall be deducted from the defined value
for the purposes of the reckoning;
(b) if the benefit or advantage is authorised by virtue of that
subsection to be reckoned as mentioned in that subsection, any
excess of the amount of the payment over the defined value shall
be treated for the purposes of subsection (1) as if it had been a
deduction not being an excepted deduction referred to in
subsection (1);
(c) if the benefit or advantage is specified in an order under section
23 as one which has been taken into account in fixing the
statutory minimum remuneration, the whole of the payment shall
be treated for the purposes of subsection (1) as if it had been a
deduction, not being an excepted deduction referred to in that
subsection.
(4) Nothing in this section shall be construed as authorising the making of
any deduction, or the giving of remuneration in any manner, which is illegal by
virtue of this or any other Ordinance.
Apportionment of remuneration
27. Where for any period an employee receives remuneration for work for
part of which he is entitled to statutory minimum remuneration at one or more
time rates and for the remainder of which no statutory minimum remuneration is
fixed, the amount of the remuneration which is to be attributed to the work for
which he is entitled to statutory minimum remuneration shall, if not apparent
from the terms of the contract between the employer and the employee, be
deemed for the purposes of this Part to be the amount which bears to the total
amount of the remuneration the same proportion as the time spent on the part of
the work for which he is entitled to statutory minimum remuneration bears to the
time spent on the whole of the work.
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employer, and the inspector is reasonably satisfied that the offence of which
complaint is made was due to an act or default of some other person and that the
employer could establish a defence under subsection (2) above, proceedings
may, with the consent of the Attorney General, be taken against that other person
without first causing proceedings to be taken against the employer; and in that
event the defendant may be charged with and, on proof that the offence was due
to his act or default, be convicted of, the offence with which the employer might
have been charged.
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(d) to require, inspect and copy any material part of any list of
workers including homeworkers kept by an employer or person
giving out work to homeworkers; and
(e) subject to subsection (5), to examine, either alone or in the
presence of any other person, as he thinks fit, with respect to any
matters under this Ordinance, any person whom he has reasonable
cause to believe to be or to have been an employee to whom an
order under section 23 applies or applied, the employer of any
such person or a servant or agent of the employer employed in the
employers business, and to require every such person to be so
examined and to sign a declaration of the truth of the matters in
respect of which he is so examined.
(5) No person shall be required under subsection (4)(e) to give any
information tending to incriminate himself or, in the case of a person who is
married, his or her wife or husband.
(6) The Commissioner or an inspector acting for the purposes of this Part
if it appears to him that a sum is due from an employer to an employee on
account of the payment to him of remuneration less than the statutory minimum
remuneration, may instruct the employer to comply with the relevant Order, and
if necessary refer the matter to the Labour Tribunal.
(7) The power given by subsection (6) for the recovery of sums due from
an employer to an employee shall not be in derogation of any right of the
employee to recover such sums by civil proceedings.
(8) Subject to subsection (9), any person who obstructs the Commissioner
or an inspector acting for the purposes of this Ordinance in the exercise of any
power conferred by them, or fails to comply with any requirement of the
Commissioner or inspector made in the exercise of any such power, commits an
offence and shall be liable on summary conviction to a fine of $25,000 or to a
term of imprisonment of six months, or to both such fine and imprisonment.
(9) It shall be a defence for a person charged under subsection (8) with
failing to comply with a requirement to prove that it was not reasonably
practicable to comply therewith.
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PART IV
Objectives
34. The objectives of this Part are
(a) to give effect to the provisions of the Turks and Caicos Islands
Constitution; the ILO Convention No. 111 on Discrimination
(Employment and Occupation) (1958) and the ILO Convention
No. 100 on Equal Remuneration (1951); and to certain provisions
in the UN Convention on the Elimination of All Forms of
Discrimination Against Women (1979);
(b) to eliminate, as far as possible, discrimination in employment and
occupation against persons on the grounds of race, sex, religion,
colour, ethnic-origin, national extraction, social origin, political
opinion, disability, family responsibilities, pregnancy or marital
status;
(c) to promote recognition and acceptance of the principle of equal
opportunity and treatment on the above grounds in employment,
occupation and other related activities including education,
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Definition of discrimination
35. (1) For the purposes of this Ordinance, a person discriminates against
another person if the first-mentioned person makes, on any of the grounds
mentioned in subsection (2), any distinction, exclusion or preference the intent or
effect of which is to nullify or impair equality of opportunity or treatment in
occupation or employment.
(2) The grounds referred to in subsection (1) are
(a) race, sex, religion, colour, ethnic origin, indigenous population,
national extraction, social origin, political opinion, disability,
family responsibilities, pregnancy, marital status or age except for
purposes of retirement and restrictions on work and employment
of minors; and
(b) any characteristic which appertains generally or is generally
imputed to persons of a particular race, sex, religion, colour,
ethnic origin, indigenous population, national extraction, social
origin, political opinion, disability, family responsibility, pregnant
state, marital status, or age except for purposes of retirement and
restrictions on work and employment of minors.
(3) Any act or omission or any practice or policy that directly or
indirectly results in discrimination against a person on the grounds referred to in
subsection (2), is an act of discrimination regardless of whether the person
responsible for the act or omission or the practice or policy intended to
discriminate.
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Special measures
38. (1) Special measures taken by employers of a temporary nature to
promote equality of opportunity in employment based on the grounds set out in
section 35(2) shall not be deemed to be unlawful discrimination within the
meaning of section 36 of this Ordinance.
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Discrimination by firms
41. (1) Where employment in a particular profession is largely provided
through partnership firms, it is unlawful for such firms of professionals
consisting of three or more partners or three or more persons proposing to form
themselves into such a partnership firm, to discriminate against any person on
the grounds set out in section 35(2)
(a) in the arrangements they make for the purpose of determining
who should be offered a position as partner in the firm; or
(b) by expelling persons from the firm or subjecting persons in the
firm to detrimental treatment.
(2) Subsections (1)(a) and (1)(b) of this section do not apply if the
treatment afforded to the partner or potential partner is based on a genuine
occupational qualification.
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Discrimination by organisations
42. It is unlawful for an organisation of employers, trade unions and other
organisations of employees or any other organisations, whose members carry on
a particular profession or trade for the purpose of which the organisation exists,
to discriminate against any person on the grounds set out in section 35(2)
(a) by refusing or failing to accept that persons application for
membership;
(b) in the terms on which it is prepared to admit that person to
membership;
(c) in the case of a person who is a member of the organisation
(i) by denying, limiting or deliberately omitting to afford access
to any benefits, facilities or services provided by the
organisation;
(ii) by depriving that person of membership or varying the terms
of membership;
(iii) by limiting or depriving that person of access or acquisition to
leadership positions within the organisation; or
(iv) by subjecting that person to any other detriment.
Unlawful conduct
43. (1) It is unlawful for an authority or body that is to confer, renew, extend,
revoke or withdraw an authorisation or qualification that is needed for or
facilitates the practice of a profession, the carrying on of a trade or the engaging
in of an occupation, to discriminate against a person on the grounds set out under
section 35(2)
(a) by refusing or failing to confer, renew or extend the authorisation
or qualification;
(b) in the terms or conditions on which it is prepared to confer the
authorisation or qualification or to renew or extend it; or
(c) by revoking or withdrawing the authorisation or qualification or
varying the terms or conditions upon which it is held.
(2) In this section, authorisation or qualification includes recognition,
registration, enrolment approval and certification.
Association of employers
44. (1) It is unlawful for any association which comprises employers and has
as its principal objective, or one of its principal objectives, affording their
employees access to training facilities, and for any other person recognized as
providing facilities for training for employment occupation to discriminate on
the grounds set out in section 35(2) against a person who is seeking or
undergoing technical or vocational training which would help to fit that person
for any kind of employment or occupation
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Requirement
47. Where a requirement or condition which is not apparently in
contravention of any provision in this Ordinance, has the effect of giving
preference to a person on the grounds set out in subsection (2) of section 35 in a
situation where such preference would be unlawful under this Ordinance, the
imposition of that condition or requirement shall be unlawful unless the person
imposing it establishes good reason for its imposition and shows that its
imposition is not a subterfuge to avoid complying with this Ordinance.
Discrimination
49. Where by virtue of any provision of this Part, it would be unlawful, in
particular circumstances, for a person to discriminate against another person on
the grounds set out in section 35(2) , it is unlawful for that person to request or
require that other person to provide information (whether by way of completing
a form or otherwise) that would not, in the same or substantially similar
circumstances be required or requested of the person of the opposite sex, or of a
different race, religion, colour, political opinion, ethnic origin, indigenous
population, social origin, pregnant state or marital status or with different family
responsibilities.
General Exceptions
50. (l) Nothing in this Part affects
(a) a provision of a deed, will or other document, whether made
before or after the coming into operation of this Ordinance, that
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Religious bodies
51. Nothing in this Ordinance affects
(a) the ordination of priests, ministers of religion or members of that
body;
(b) the training or education of persons seeking ordination or
appointment as priests, ministers of religion or members of a
religious order;
(c) the selection or appointment of persons to perform duties or
functions for the purposes of, or in connection with, or otherwise
to participate in any religious observance or practice; or
(d) any other act or practice of a body established for religious
purposes, being an act or practice that conforms to the doctrines,
tenets or beliefs of that religion or is necessary to avoid injury to
the religious susceptibilities of adherents to that religion.
Victimization
53. (1) A person who commits an act of victimization against another person
commits an offence and is liable on summary conviction to a fine of $5,000.
(2) For the purposes of subsection (1) a person shall be taken to commit
an act of victimization against another person if the first-mentioned person
subjects or threatens to subject the other person to any detriment
(a) on the ground that the other person
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Burden of proof
54. Except where otherwise provided in this Ordinance, the person alleging a
violation of this Part shall bear the burden of presenting a prima facie case of
discrimination or of an offence related to discrimination under this Ordinance.
Upon a prima facie showing of discrimination, the burden of persuasion shall
shift to the respondent to disprove the allegations.
Proof of exceptions
55. Where by any provision of this Ordinance, conduct is excepted from
conduct that is unlawful under this Ordinance or that is a contravention of this
Ordinance, the onus of proving the exception lies upon the party claiming the
exception.
Penalties
56. Any person who contravenes the provisions of this Part, unless otherwise
set out under this Part, commits an offence and is liable on summary conviction
to a fine of $5,000 or to a term of imprisonment for two months.
Remedies
57. Without prejudice to any other remedy that may be available in any
competent court, any person who is aggrieved by any act or omission of an
employer in contravention of the provisions of this Part, shall be entitled to claim
or apply for either or both of the following remedies
(a) damages from the employer, or any other person or body covered
under the provisions of this Ordinance, for any loss caused
directly or indirectly as a result of the contravention;
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PART V
TERMINATION OF EMPLOYMENT
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Summary dismissal
60. (1) An employer is entitled to dismiss summarily without notice or
payment of any redundancy or severance payment or terminal benefits to an
employee who is guilty of serious misconduct, based on the operational
requirements of the enterprise, of such a nature that it would be unreasonable to
require the employer to continue the employment relationship.
(2) The serious misconduct referred to in subsection (1) is restricted to
that conduct which is directly related to the employment relationship and has a
detrimental effect on the business.
Employees termination
61 (1) An employee is entitled to terminate the contract of employment
without notice or with less notice than that to which the employer is entitled by
any statutory provision or contractual term, where the employers conduct has
made it unreasonable to expect the employee to continue the employment
relationship.
(2) Physical or verbal abuse, wilful neglect or refusal to allow the
employee to develop capacities for more complex tasks in the establishment
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Warnings
62. (1) Where an employee commits an offence in breach of his condition of
employment or any misconduct such that the employer cannot reasonably be
expected to continue to employ him if it is repeated, the employer may give the
employee a written warning.
(2) If an employee after being warned pursuant to subsection (1) is guilty
of the same or similar offence or misconduct in the following six months, the
employer may terminate the employees employment.
(3) An employer shall be deemed to have waived his right to terminate
the employment of an employee for misconduct if he has failed to do so within a
reasonable period of time after having knowledge of the misconduct.
(4) Where an employee is not performing his duties in a satisfactory
manner, the employer may give him a written warning.
(5) If an employee after being warned pursuant to subsection (4) and in
compliance with subsection (6) does not, during the following three month
period demonstrate that he is able to perform and has not performed duties in a
satisfactory manner, the employer may terminate the employees employment.
(6) The employment of an employee should not be terminated for
unsatisfactory performance unless the employer has given the employee a
written warning pursuant to subsection (4) and appropriate instructions to correct
the unsatisfactory performance and the employee continues to perform his duties
unsatisfactorily for a period of three months.
(7) It is declared that this section does not affect any right of either party
to treat the contract as terminable without notice by reason of such conduct by
the other party as would make it unreasonable to expect him to continue the
employment relationship.
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(d) two months where the employee has been employed by the
employer for five years or more.
(2) The periods of notice under subsection (1) shall not apply where the
giving of longer periods of notice are common, given the nature and functions of
the work performed by the employee.
(3) The periods of notice under subsection (1) shall not apply where
periods of notice are regulated by a collective agreement.
(4) The periods of notice under subsection (1) shall not apply where an
employer is entitled to summarily dismiss an employee under this Part.
(5) A notice of termination under subsection (1) shall not be given by an
employer during an employees period of absence on any leave (paid annual
leave, sick leave, maternity leave), granted under any Ordinance in force in the
Islands.
(6) An employee employed for one year or more shall give an employer
two weeks notice to terminate the employment contract, unless due to the nature
and the functions of the work to be performed, a longer notice is commonly
given.
(7) Nothing in this section shall prevent
(a) the parties to a 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.
Intimidation
65. (1) An employer shall not intimidate or dismiss an employee, or
adversely affect his employment (whether by the imposition of new terms and
conditions of employment, or otherwise), or alter the position of an employee to
his prejudice, by reason of the circumstances that the employee
(a) is an officer, delegate or member of a trade union;
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(c) if, where he is employed under a contract for a fixed term, that
term expires without being renewed under the same contract,
to be provided by his employer, on request in writing, with a written statement
giving particulars of the reasons for his dismissal; and the statement shall be
provided within fourteen days of the receipt of the request.
(2) An employee shall not be entitled to a written statement under
subsection (1) unless on the effective date of termination he has been, or will
have been continuously employed for a period of one month ending with that
date and he is not serving a probationary period.
(3) A written statement provided under this section shall be admissible in
evidence in any proceedings.
(4) A complaint may be presented to the Labour Tribunal by an employee
against his employer on the ground that the employer unreasonably refused to
provide a written statement under subsection (1) or that the particulars of reasons
given in purported compliance with that subsection are inadequate or untrue, and
if the Labour Tribunal finds the complaint well-founded
(a) it may make a declaration as to what it finds the employers
reasons were for dismissing the employee; and
(b) it may, in addition to any other award regarding the dismissal,
make an award that the employer pay to the employee a sum
equal to the amount of two weeks basic wage.
(5) The Labour Tribunal shall not entertain a complaint under this section
relating to the reasons for a dismissal unless it is presented at such time that the
Labour Tribunal would, in accordance with section 83(2) or (4) entertain a
complaint of unfair dismissal in respect of that dismissal presented at the same
time.
PART VI
UNFAIR DISMISSAL
Meaning of dismissal
68. (1) In this Part, dismissal and dismiss shall be construed in
accordance with the following provisions of this section.
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Redundancy benefits
75. (1) For the purposes of this section termination includes termination by
reason of redundancy pursuant to section 71, and by reason of winding-up,
insolvency or death of the employer pursuant to section 74.
(2) The payment of a redundancy benefit shall not affect the employees
entitlement, if any, to payment in lieu of notice under section 64 or to a
compensatory or special award under section 84 of this Ordinance.
(3) An employees contract of employment shall not be considered
terminated if he
(a) is employed by a partnership and his employment ceases on the
dissolution of the partnership, and he either enters into
employment with one or more of the partners immediately after
such dissolution or unreasonably refuses to accept an offer of
employment by any such person on no less favorable terms than
he was employed immediately prior to the dissolution;
(b) is employed by an employer who dies, and the employee either
enters into the employment of the personal representative,
widower, or any heir of the deceased employer immediately after
such death, or he or she unreasonably refuses to accept an offer of
employment by any such person on no less favourable terms than
he or she was employed immediately prior to the death.
(4) A complaint that a severance allowance or vacation has not been paid
on or before the next payday or within two weeks from the date of termination
may be presented to the tribunal, and if the complaint is found to be proven to
the satisfaction of the tribunal, it shall order payment of the amount due as well
as any award which it considers just in the circumstances.
Dismissal of replacement
76. Where an employer
(a) on engaging an employee informs the employee in writing that
his employment will be terminated on the return to work of
another employee who is, or will be, absent wholly or partly
because of pregnancy or confinement; and
(b) dismisses the first-mentioned employee in order to make it
possible to give work to the other employee,
then, for the purposes of section 69(1)(b), but without prejudice to the
application of subsection (3) of that section, the dismissal shall be regarded as
having been for a substantial reason of a kind such as to justify the dismissal of
an employee holding the position which that employee held.
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Certificate of employment
79. (1) On the termination of a contract of employment an employer, if so
requested by the employee, shall provide the employee with a certificate of
employment indicating
(a) the name and address of the employer;
(b) the nature of the employers business;
(c) the length of the employees continuous service;
(d) the capacity in which the employee was employed prior to
termination;
(e) the wages and other remuneration payable at the date of
termination of the contract; and
(f) where the employee so requests, the reason for the termination of
employment.
(2) The certificate required by subsection (1) shall not contain any
evaluation of the employees work unless this is requested by the employee.
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Complaint to tribunal
81. (1) Within six months of the date of dismissal, an employee shall have the
right to complain to the Labour Tribunal that he has been unfairly dismissed,
whether notice has been given or not.
(2) The right of an employee to make a complaint under this section shall
be without prejudice to any right the employee may enjoy under a collective
agreement.
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Reinstatement or re-engagement
84 (1) If the employees complaint of unfair dismissal is found to be proven
to the satisfaction of the Labour Tribunal hearing the matter it shall award the
employee one or more of the following remedies
(a) an order for reinstatement whereby the employee is to be treated
in all respects as if he had never been dismissed;
(b) an order for re-engagement whereby the employee is to be
engaged in work comparable to that in which he was engaged
prior to his dismissal, or other reasonably suitable work, from
such date and on such terms of employment as may be specified
in the order or agreed by the parties;
(c) an award of compensation as specified in subsection (4); or
(d) such other remedies as the Labour Tribunal may order.
(2) The Labour Tribunal hearing the matter shall, in deciding which
remedy to award, first consider the possibility of making an award of
reinstatement or re-engagement, taking into account in particular the wishes of
the employee and employer and the circumstances in which the dismissal took
place, including the extent, if any, to which the employee caused or contributed
to the dismissal.
(3) Where the Labour Tribunal hearing the matter finds that the employee
engaged in misconduct notwithstanding the unlawful nature of the dismissal, it
may include a disciplinary penalty as a term of the order for reinstatement or reengagement.
(4) An award of compensation shall be such amount as the said Labour
Tribunal considers just and equitable in all the circumstances having regard to
the loss sustained by the employee in consequence of the dismissal in so far as
that loss is attributable to action taken by the employer, and the extent, if any, to
which the employee caused or contributed to the dismissal. The amount
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awarded shall not be less than two weeks pay for each year of service for
workers with less than two years service, and one month pay for each year of
service for workers with more than two years of service of seniority. An
additional amount to such loss should be awarded where the dismissal was based
on any of the reasons under section 59(2).
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(a) that it was not practicable for him to arrange for the dismissed
employees work to be done without engaging a permanent
replacement; or
(b) that he engaged the replacement after the lapse of a reasonable
period without having heard from the dismissed employee that he
wished to be reinstated or re-engaged, and that when the
employer engaged the replacement it was no longer reasonable
for him to arrange for the dismissed employees work to be done
except by a permanent replacement.
(2) In calculating for the purposes of subsection (2) (a) or section 86 (4)
(d) any amount payable by the employer, the tribunal may take into account, so
as to reduce the employers liability, any sums received by the complainant in
respect of the period between the date of termination of employment and the date
of reinstatement or re-engagement by way of
(a) wages in lieu of notice or ex-gratia payments paid by the
employer;
(b) remuneration paid in respect of employment with another
employer,
and such other benefits as the tribunal thinks appropriate in the circumstances.
Amount of compensation
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determining, for the purposes of paragraph (b) of subsection (2) whether it was
practicable to comply with the order for reinstatement or re-engagement unless
the employer shows that it was not practicable for him to arrange for the
dismissed employees work to be done without engaging a permanent
replacement.
(4) Where in any case the Labour Tribunal makes an award of
compensation for unfair dismissal, calculated in accordance with sections 90 to
92 and the tribunal finds the complainant has unreasonably prevented an order
under section 86 from being complied with, it may, without prejudice to the
generality of subsection (4) of section 91, take that conduct into account as a
failure on the part of the complainant to mitigate his loss.
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amount of the basic award to such extent as it considers just and equitable having
regard to that finding.
(5) Where the Labour Tribunal considers that the conduct of the
complainant before the dismissal (or, where the dismissal was with notice,
before the notice was given) was such that it would be just and equitable to
reduce or further reduce the amount of basic award to any extent, the Labour
Tribunal may reduce or further reduce that amount accordingly.
(6) The amount of the basic award may be reduced or further reduced by
the amount of any payment made by the employer to the complainant on the
ground that the dismissal was by reason of redundancy.
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amount of the basic award which would be payable but for section 90 (6) that
excess shall go to reduce the amount of the compensatory award.
Limit on compensation
92. (1) The amount of compensation awarded to a person under subsection
(1) of section 88 or of a compensatory award to a person calculated in
accordance with section 91 shall not exceed $35,000.00.
(2) It is declared for the avoidance of doubt that the limit imposed by this
section applies to the amount which the tribunal would, apart from this section,
otherwise award in respect of the subject matter of the complaint after taking
into account any payment made by the respondent to the complainant in respect
of that matter and any reduction in the amount of award required by any
Ordinance or rule of law.
PART VII
Composition of tribunal
94. (1) The Labour Tribunal shall consist of a President, and at least two
other members appointed by the Governor as follows
(a) the President shall be appointed after consultation with such trade
unions, employers organizations and other persons or groups as
appear to the Governor to be representative of the views of
employees and employers in the Islands;
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(b) one member shall be appointed after consultation with such trade
unions and other persons or groups as appear to the Governor to
be representative of the views of employees; and
(c) one member shall be appointed after consultation with such
employers organizations and other persons or groups as appears
to the Governor to be representative of views of employers.
(2) One of the members appointed under subsection (1) shall be
appointed Vice President and in the absence of the President may assume the
powers conferred on the President by this Part.
(3) A member of the Labour Tribunal shall be appointed to hold office for
a period not exceeding five years; but may be removed by the Governor if there
is reasonable evidence that the member is guilty of misconduct, malfeasance or
incompetence.
(4) A member of the Labour Tribunal shall be eligible for reappointment.
(5) A member of the Labour Tribunal, a full tribunal or a tribunal shall
not sit on any complaint, dispute or matter in which he directly or indirectly has
a pecuniary interest.
(6) The Governor, acting with the approval of the Cabinet, shall set
(a) the payments for the members of the Labour Tribunal; and
(b) the travel expenses to be paid to members.
(7) The Labour Tribunal shall be deemed to be fully constituted if three
members are sitting at any hearing notwithstanding any temporary vacancy,
absence or incapacitation, in its membership.
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(3) The assessors appointed under subsection (2) shall assist the member
or members of the Labour Tribunal or full Labour Tribunal but they do not have
a vote.
(4) If an assessor is not nominated by either party or both parties to a
dispute, the tribunal or full tribunal may deal with the labour dispute, as if it
were constituted in accordance with subsection (2) and no act, proceeding,
decision or award of a Labour Tribunal or full Labour Tribunal shall be called
into question or invalidated by reason of the absence of an assessor.
(5) If a member of the Labour Tribunal begins to hear a matter and
thereafter is for any reason unable to perform the functions of his office, then the
functions may be performed by such other person as the Governor may appoint
under section 94 subsection (1) except that the hearing of evidence shall be
restarted.
Power of Tribunal
97. (1) For the purpose of dealing with any matter referred to it, the Labour
Tribunal shall have the power to, by writing under the hand of the President
(a) require any person to furnish, in writing or otherwise, such
particulars in relation to the matter as the Labour Tribunal may
specify; and
(b) require a person to attend before the Labour Tribunal, whether
sitting as one member or as three members and give evidence, on
oath or otherwise, or produce documents.
(2) Subject to this Ordinance, the Labour Tribunal, shall not be bound by
any rule of evidence in civil or criminal proceedings.
(3) Any person who
(a) fails without reasonable excuse to furnish particulars in
accordance with a requirement under subsection (1);
(b) fails without reasonable excuse to attend before the Labour
Tribunal in compliance with such a requirement; or
(c) when in attendance before the Labour Tribunal, refuses to take an
oath or make an affirmation, or to produce a document, or give
evidence, in compliance with such a requirement,
commits an offence and is liable on summary conviction to a fine of $25,000;
however, a person shall not be punished for refusing to answer any question or to
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Questions of law
98. (1) The Labour Tribunal may, if it thinks fit, refer any question of law for
decision to the Supreme Court.
(2) An appeal shall lie to the Court of Appeal on a question of law arising
from any decision of, or in proceedings before, the Labour Tribunal under this
Ordinance.
(3) The Labour Tribunal may from time to time frame rules generally for
itself for the effective execution of the provisions of this Ordinance, for
regulating proceedings before a full tribunal or tribunal and for prescribing the
fees payable in respect of those proceedings.
(4) Decisions of the Labour Tribunal under this Ordinance shall be final
and except on a question of law shall not be enquired into by any court.
National Security
99. (1) If, on a complaint under section 83, it is shown that the action
complained of was taken for the purpose of safeguarding national security, the
Labour Tribunal hearing the matter shall dismiss the complaint; and a certificate
purporting to be signed by or on behalf of the Governor certifying that the action
specified in the certificate was taken for the purpose of safeguarding national
security shall, for the purposes of this subsection, be conclusive evidence of the
fact.
(2) The Labour Tribunal established under this Ordinance may sit in
private for the purpose of hearing evidence which, in its opinion, relates to
matters of such a nature that it would be against the interest of national security
to allow the evidence to be given in public or for the purpose of hearing evidence
from any person which, in the opinion of the Labour Tribunal, is likely to consist
of
(a) information which that person could not disclose without
contravening a prohibition imposed by or under any enactment; or
(b) any information which has been communicated to a person in
confidence, or which he has otherwise obtained in consequence of
the confidence reposed in him by another person.
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Other powers
100. (1) If on hearing a complaint or reference the Labour Tribunal established
under this Ordinance finds that the complaint is wholly or partly well founded, it
may
(a) grant a decision determining the rights of the employer or the
employee in relation to the matter;
(b) direct a party to amend or confirm an agreement;
(c) make an award of compensation;
(d) make an award of such sum to be paid to the employer, employee
or trade union as the Labour Tribunal thinks fit.
(2) Any agreement, decision or award made by the Labour Tribunal
established under this Ordinance shall be binding on the parties to whom the
agreement, decision or award relates and, may be enforced in the Supreme
Court, or recovered as a civil debt, by the person or party directly concerned in
or affected by the non-fulfilment of the duty, compensation or award, or by the
Minister.
(3) In relation to proceedings on complaints under section 83
(a) where the employee has expressed a wish to be reinstated or reengaged which has been communicated to the employer at least
seven days before the hearing of the complaint; or
(b) where the proceedings arise out of an employers failure to permit
an employee to return to work after an absence due to pregnancy
or confinement,
the Labour Tribunal may require the employer to pay the costs or expenses of
any postponement or adjournment of the hearing caused by the employers
failure, without special reasons, to adduce reasonable evidence as to the
availability of the job from which the complainant was dismissed, or, as the case
may be, which she held before her absence, or of comparable or suitable
employment.
General provisions as to conciliation
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PART VIII
MISCELLANEOUS
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Employment agencies
104. (1) In the case of an employee provided to a user enterprise by a private
employment agency
(a) the agency shall bear responsibility for
(i) the employees protection in the field of occupational safety
and health;
(ii) preservation of the employees right to collective bargaining;
and
(iii) the employees access to training; and
(b) the user enterprise shall bear responsibility for matters connected
with the employees remuneration.
(2) Without prejudice to subsection (1), employment agencies shall
ensure that workers they provide to user enterprises are afforded all the rights
they are entitled to under this Ordinance, or any Ordinance relating to
employment and for these purposes shall have such access to the user
enterprises premises as trade union representatives under this Ordinance and the
Trade Unions Ordinance.
Regulations
105. The Governor may by regulations make such provision in relation to
regulating employment agencies as he considers necessary or expedient.
Work Permit
106. (1) An employer wishing to employ a person on a work permit under Part
B of Schedule 4 to the Immigration Regulations shall notify the Commissioner
of Labour of his intention to recruit such a person at least fourteen days before
making an application for the work permit pursuant to those Regulations.
(2) It shall be the employers responsibility to find or provide suitable
housing (proper conditions of health and comfort) for his employees who are
required to obtain work permits under the Immigration Ordinance.
(3) Real estate law and custom in the Islands shall be fully respected in
terminating the lease or occupancy of such housing on termination of the
employees contract of employment.
(4) No employer shall lay-off or make redundant an employee who is a
Belonger and within three months prior or six months after, obtain, extend or
renew, or apply to obtain, extend or renew, a work permit for a non-Belonger to
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work in a similar position, or carry out similar duties for the employer, as did the
Belonger.
(5) Any employer who contravenes the provisions of subsection (4)
commits an offence and is liable on summary conviction to a fine of $10,000 or
to a term of imprisonment of six months or to both such fine and imprisonment.
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Penalties
111. A person who contravenes any provision of this Ordinance for which no
other penalty is provided commits an offence and is liable on summary
conviction to a fine of $5,000 and if the offence of which he is convicted is
continued after the conviction he commits a further offence and shall be liable in
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respect thereof to a fine of $100 for every day or part of a day during which the
offence is so continued.
Savings
112. Any subsidiary legislation made under the repealed Employment
Ordinance 1 and in force immediately prior to the commencement of this
Ordinance shall, so far as it is not inconsistent with the provisions of this
Ordinance continue in force as if made under this Ordinance.
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SCHEDULE
(Section 64(3))
RIGHTS OF EMPLOYEE IN PERIOD OF NOTICE
Preliminary
1. In this Schedule the period of notice means the period of notice required by
subsection (1) of section 63 or, as the case may be, subsection (6) of that section.
Employment for which there are normal working hours
2. (1) If an employee has normal working hours under the contract of employment
in force during the period of notice, and if during any part of those normal working
hours
(a) the employee is ready and willing to work but no work is provided for
him by his employer;
(b) the employee is incapable of work because of sickness or injury; or
(c) the employee is absent from work in accordance with the terms of his
employment relating to holidays,
then the employer shall be liable to pay the employee for the part of normal hours
covered by paragraphs (a), (b) and (c) a sum not less than the amount of remuneration
for that part of normal working hours calculated at the average hourly rate of
remuneration produced by dividing a weeks pay by the number of normal working
hours.
(2) Any payments made to the employee by his employer in respect of the
relevant part of the period of notice whether by way of sick pay, holiday pay or
otherwise, shall go towards meeting the employers liability under this paragraph.
(3) Where notice was given by the employee, the employers liability under this
paragraph shall not arise unless and until the employee leaves the service of the
employer in pursuance of the notice.
Employment for which there are no normal working hours
3. (1) If an employee does not have normal working hours under the contract of
employment in force during the period of notice the employer shall be liable to pay the
employee for each week of the period of notice a sum not less than a weeks pay.
(2) Subject to subparagraph (3), the employers obligation under this paragraph
shall be conditional on the employee being ready and willing to do work of a reasonable
nature and amount to earn a weeks pay.
(3) Sub-paragraph (2) shall not apply
(a) in respect of any period during which the employee is incapable of work
because of sickness or injury; or
(b) in respect of any period during which the employee is absent from work
in accordance with the terms of his employment relating to holidays,
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and any payment made to an employee by his employer in respect of such a period,
whether by way of sick pay, holiday pay or otherwise, shall be taken into account for the
purposes of this paragraph as if it were remuneration paid by the employer in respect of
that period.
(4) Where the notice was given by the employee, the employers liability under
this paragraph shall not arise unless and until the employee leaves the service of the
employer in pursuance of the notice.
Absence on leave granted at request of employee
4. The employer shall not be liable under the foregoing provisions of this Schedule
to make any payment in respect of a period during which the employee is absent from
work with the leave of the employer granted at the request of the employee.
Notice given before a strike
5. (1) No payment shall be due under this Schedule in consequence of a notice to
terminate a contract given by an employee if, after the notice is given and on or before
the termination of the contract, the employee takes part in a strike of employees of the
employer.
(2) In sub-paragraph (1) strike means cessation of work by a body of persons
employed acting in combination, or a concerted refusal or a refusal under a common
understanding of any number of persons employed to continue to work for an employer
in consequence of a dispute, done as a means of compelling their employer or any
person or body of persons employed, or to aid other employees in compelling their
employer or any person or body of persons employed, to accept or not accept terms or
conditions of or affecting employment.
Termination of employment during period of notice
6. (1) If, during the period of notice, the employer breaks the contract of
employment, payments received under this Schedule in respect of the part of the period
after the breach shall go towards mitigating the damages recoverable by the employee
for loss of earnings in the part of the period of notice.
(2) If, during the period of notice, the employee breaks the contract, except
under conditions described by section 60(3), and the employer rightfully treats the
breach as terminating the contract, no remuneration shall be due to the employee under
this Schedule in respect of the part of the period of notice falling after the termination of
the contract.
(Substituted by Ord. 21 of 2004)
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ARRANGEMENT OF PARAGRAPHS
PART I
PRELIMINARY
PARAGRAPH
1. Short title
2. Interpretation
PART II
WAGES AND HOURS OF WORK
Minimum wages
Normal hours of work
Periods of rest
Maximum hours of work
Overtime pay and additional pay
PART III
VACATION WITH PAY, SICK LEAVE WITH PAY
AND COMPASSIONATE LEAVE WITH PAY
8.
9.
10.
PART IV
SEVERANCE PAY
11.
12.
13.
14.
15.
Severance pay
Rate of severance pay
Lay-off and short-time
Right to severance pay by reason of lay-off or short-time
Offer of renewal or re-engagement
PART V
MISCELLANEOUS AND SUPPLEMENTAL
16.
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EMPLOYMENT ORDER
3.
4.
5.
6.
7.
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PART I
PRELIMINARY
Commencement
[1 January 1994]
Short title
1.
Interpretation
2.
basic wage means the remuneration paid to an employee by his employer as wages for
normal hours of work but does not include overtime pay, tips, bonuses or other
gratuities;
hours of work means the period during which an employees services are at the
disposal of his employer, whether or not work is available for him throughout the
period, but does not include travel time or rest, meal or break periods;
normal hours of work means the number of hours a week which an employee is
normally required to work for his employer;
overtime means the hours worked in excess of normal hours of work.
(2) In this Order, unless the context otherwise requires, any expression not
otherwise defined shall have the meaning given to that expression, if used therein, in the
Employment Ordinance.
(3) For the purposes of this Order, where a change occurs (whether by virtue of
a sale or other disposition or by operation of law) in the ownership of any business for
the purposes of which an employee is employed, and after such change of ownership
such employee continues to be so employed without interruption, the employment shall
be deemed to be continuous notwithstanding the change.
Made under section 18 of the repealed Employment Ordinance 1988, Cap 136, 1998 Revised
Edition and continued pursuant to section 112 of the Ordinance, as if made under section 23 of the
Ordinance.
Crown Copyright 2009
Copying/unauthorised distribution strictly prohibited.
Printed under Authority by
The Regional Law Revision Centre Inc.
www.lawrevision.ai
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PART II
WAGES AND HOURS OF WORK
Minimum wages
3. (1) Subject to subparagraph (2), the national minimum basic wage that shall be
payable to any employee shall be $5.00 an hour. (Amended by L.Ns. 33/2000 and
33/2006)
(2) Subparagraph (1) shall not apply
(a) to employees employed in the domestic service of their employer in
their private household;
(b) to employees who are remunerated by the piece or by the task, and who
are not subject to continuous supervision by the employer.
Normal hours of work
4. The normal hours of work of an employee shall not exceed forty-four hours a
week.
Periods of rest
5. An employer shall give, and an employee shall take, a period of rest of twentyfour consecutive hours in each period of seven consecutive working days.
Maximum hours of work
6. (1) Subject to subparagraph (2) and except for managers, supervisors and other
employees holding senior positions in the employers service, an employee may not
work, and shall not be required by his employer to work, in excess of twelve hours in
any period of twenty-four hours or to work in excess of seventy-two hours in any week
(the maximum hours).
(2) An employee, if he so agrees with his employer, may work in excess of the
maximum hours on the occurrence of any of the following events
(a) accident, whether actual or threatened;
(b) force majeure;
(c) urgent work to premises or equipment so far as may be necessary to
avoid serious interference with the workings of the employers business;
(d) abnormal or exceptional pressures of work where the employer cannot
be expected to resort to other measures; and
(e) to prevent the loss of perishable goods.
Overtime pay and additional pay
7. (1) Where an employer requires his employee to work overtime and the
employee agrees to do so, the employer shall pay the employee for the period worked
overtime wages at the following rates
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PART III
VACATION WITH PAY, SICK LEAVE WITH PAY
AND COMPASSIONATE LEAVE WITH PAY
Vacation with pay
8. (1) Subject to this paragraph, every employee shall be entitled to and shall be
granted by his employer a vacation with pay at the rate of two weeks for each completed
year of employment.
(2) An employer shall pay his employee his basic wages for the duration of his
vacation with pay.
(3) The dates of the taking of the vacation with pay shall be fixed by the
agreement of the employer and employee.
(4) An employee who fails to take his vacation with pay within six months after
it becomes due shall lose his entitlement to such vacation.
(5) Where an employer and an employee so agree, earned vacation with pay
may be broken and taken in more than one period.
(6) An employer may advance to the employee vacation with pay which has not
yet been earned.
(7) An employer shall not require an employee to forego the taking of earned
vacation with pay.
(8) A vacation with pay to which any employee is entitled shall be extended by
one day for each public holiday that occurs during the vacation.
(9) Where the employment of any employee ends before the completion of a
year of employment, the employer shall forthwith pay to the employee any vacation pay
then owing to such employee in respect of any completed year of employment, and prorata for any incomplete year of employment.
(10) An employee shall not be entitled to vacation with pay unless he has been in
the continuous employment of his employer for a period of not less than twelve weeks.
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PART V
MISCELLANEOUS AND SUPPLEMENTAL
Certain provisions not to apply to specified employment
16. (1) In this paragraph
season means a season of not more than eight months.
specified employment means seasonal employment in an hotel where an employee,
under his contract of employment, is required to live on the premises of the hotel
for the duration of the season;
(2) The provisions of paragraphs 4, 7, and 8 shall not apply to a specified
employment if, in relation to such employment, there is in force an agreement between
the employer and the employee the provisions of which, in the opinion of the Minister
(evidenced by a certificate issued by him), adequately safeguards the interests of the
employee.
____________
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Short title
Interpretation
Originating application
Notice to other party/respondent
Notice of appearance by respondent
Filing of defence
Further and better particulars
Notice to parties of date fixed for hearing
Tribunal may determine issue before hearing
Hearing
Decision of Labour Tribunal
General powers of Labour Tribunal
Restricted reporting order
Extension of time
Tribunal may give direction
Joinder of parties
Tribunal may consider applications together
Notices generally
SCHEDULE: Forms
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[1 April 2005]
Short title
1.
These rules may be cited as the Employment (Labour Tribunal Procedure) Rules.
Interpretation
2.
In these Rules
applicant means a person by whom, or on behalf of whom, a trade dispute has been
reported under section 93(2) of the Ordinance;
Chairman means the person presiding at a hearing;
hearing means a sitting of a tribunal duly constituted for the purpose of receiving
evidence, hearing addresses and witnesses or doing anything lawfully requisite to
enable the Labour Tribunal to reach a decision on any question;
party means the applicant or the respondent;
President means the member appointed, under section 94 (1) of the Ordinance, as
President of the Labour Tribunal;
Register means the Register kept by the Secretary pursuant to rule 11 (3);
respondent means a person against whom relief is sought by or on behalf of an
applicant;
Secretary means the Secretary to the Labour Tribunal;
sexual harassment has the meaning assigned to it under section 39 of the Ordinance;
tribunal means the Labour Tribunal whether sitting as a one member tribunal or a full
tribunal as provided under section 95 of the Ordinance.
Originating application
3. (1) Where the Minister has referred a dispute to the Labour Tribunal pursuant to
section 83 of the Ordinance, the applicant shall, within fourteen days of receiving notice
of the referral, present to the Secretary an originating application in Form A in the
Schedule, which shall be signed by the applicant.
(2) The originating application shall contain
(a) the name and address of the applicant;
(b) the name and address of the respondent;
(c) the relief sought; and
(d) the grounds; with particulars thereof, on which the relief is sought.
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(3) Where the President is of the opinion that any of the matters under paragraph
(2) are not sufficiently particularized in the originating application, he may give notice in
Form B in the Schedule to that effect to the applicant, stating the reasons for his opinion
and requiring the applicant within fourteen days of receipt of the notice, to furnish in
writing to the Secretary sufficient particulars in support of the originating application.
(4) If the requirement under paragraph (3) is not complied with, the tribunal may
strike out the whole or part of the originating application; but, the tribunal shall not so
strike out unless it has sent notice to the applicant giving him an opportunity to show
cause why the tribunal should not do so.
Notice to other party/respondent
4. Upon receiving an originating application, the Secretary shall send to the
respondent
(a) a copy of the application;
(b) a copy of any additional particulars required to be furnished by the
applicant; and
(c) a notice in Form C in the Schedule which includes information, as
appropriate to the case, about the means and time for entering an
appearance and defence, the consequences of failure to do so, and the
right to receive a copy of the decision.
Notice of appearance by respondent
5. (1) A respondent shall, within seven days of receiving the copy of the
originating application, enter an appearance to the proceedings by presenting to the
Secretary a written notice of appearance in Form D in the Schedule
(a) setting out his full name and address; and
(b) stating whether or not he intends to resist the application.
(2) Upon receipt of a notice of appearance the Secretary shall send a copy of it
to the applicant.
(3) A respondent who has not entered an appearance shall not be entitled to take
any part in the proceedings except
(a) to apply under rule 14 for an extension of the time appointed by this rule
for entering an appearance;
(b) to make an application under rule 7(1)(a); or
(c) to be called as a witness.
Filing of defence
6. A respondent who intends to resist the application, shall within fourteen days of
entering an appearance to the proceeding, present to the Secretary in writing a defence in
Form E in the Schedule setting out sufficient particulars to show on what grounds he
intends to resist the application.
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(7) If a requirement under paragraph (1) or (3) is not complied with, the Labour
Tribunal before or at the hearing, may strike out the whole or part of the notice of
appearance, and, where appropriate, direct that a respondent shall be debarred from
defending altogether; but the Labour Tribunal shall not so strike out or direct unless it
has sent notice to the party who has not complied with the requirement giving him an
opportunity to show cause why the Labour Tribunal should not do so.
Notice to parties of date fixed for hearing
8. (1) The Chairman shall fix the date, time and place of the hearing of the
originating application and the Secretary shall send to each party a notice of hearing in
Form J in the Schedule together with information and guidance as to attendance at the
hearing, witnesses and the bringing of documents, representation by another person and
the making of written representations.
(2) The Secretary shall send the notice of hearing to every party not less than
fourteen days before the date fixed for the hearing except where the Secretary has agreed
a shorter time with the parties.
Tribunal may determine issue before hearing
9. (1) The tribunal may at any time before the hearing of an originating
application, on the application of a party made by notice to the Secretary or of its own
motion, determine any issue relating to the entitlement of any party to bring or contest
the proceedings to which the originating application relates.
(2) The tribunal shall not determine such an issue unless the Secretary has sent
notice to each of the parties giving them an opportunity to submit representations in
writing and to advance oral argument before the tribunal.
Hearing
10. (1) Any hearing of an originating application shall be heard by a tribunal
composed in accordance with section 95 of the Ordinance.
(2) Any hearing of or in connection with an originating application shall take
place in public except where the Minister has directed the tribunal to sit in private on
grounds of national security.
(3) Notwithstanding paragraph (2), the tribunal may sit in private for the
purpose of
(a) hearing evidence which in the opinion of the tribunal relates to matters
of such a nature that it would be against the interest of national security
to allow the evidence to be given in public; or
(b) hearing evidence from any person which in the opinion of the tribunal is
likely to consist of
(i) information which he could not disclose without contravening a
prohibition imposed by or under any written law; or
(ii) any information which has been communicated to him in
confidence, or which he has otherwise obtained in consequence of
the confidence reposed in him by another person.
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(2) Before making an order under subparagraph (d), (e) or (f) of paragraph (1)
the Labour Tribunal shall send notice to the party against whom it is proposed that the
order should be made, giving him an opportunity to show cause why the order should
not be made; but this paragraph shall not be taken to require the Labour Tribunal to send
such notice to that party if the party has been given an opportunity to show cause orally
why the order should not be made.
(3) Where a notice required by paragraph (2) is sent in relation to an order to
strike out an originating application for want of prosecution, service of the notice shall
be treated as having been effected if it has been sent by post or delivered in accordance
with rule 18(3) and the Labour Tribunal may strike out the originating application
(notwithstanding that there has been no direction for substituted service in accordance
with rule 18(6)) if the party does not avail himself of the opportunity given by the notice.
(4) The Labour Tribunal may, before determining an application under rule 7 or
rule 16, require the party making the application to give notice of it to every other party;
and such notice shall give particulars of the application and indicate the address to which
and the time within which any objection to the application shall be made, being an
address and time specified for the purpose of the application by the Labour Tribunal.
(5) In any case appearing to involve allegations of the commission of a sexual
harassment, the Secretary shall omit or delete from the Register any decision, document
or record likely to lead members of the public to identify any person affected by or
making such an allegation.
(6) The Chairman may postpone the day or time fixed for any hearing, or
adjourn any hearing and vary any such postponement or adjournment.
Crown Copyright 2009
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(2) The Labour Tribunal may likewise, on such application or of its own motion,
order that any respondent named in the originating application or subsequently added,
who appears to the Tribunal not to have been, or to have ceased to be, directly interested
in the subject of the originating application, be dismissed from the proceedings.
(3) Where a number of persons have the same interest in an originating
application, one or more of them may be cited as the person or persons against whom
relief is sought, or may be authorised by the Labour Tribunal, before or at the hearing, to
defend on behalf of all the persons so interested.
Tribunal may consider applications together
17. (1) Where, in relation to two or more originating applications pending before the
Labour Tribunal, it appears to the tribunal, on the application of a party made by notice
to the Secretary in Form N in the Schedule or of its own motion, that
(a) a common question of law or fact arises in some or all the originating
applications;
(b) the relief claimed in some or all of those originating applications is in
respect of or arises out of the same set of facts; or
(c) for any other reason it is desirable to make an order under this rule,
the Tribunal may order that some (as specified in the order) or all of the originating
applications shall be considered together, and may give such consequential directions as
may be necessary.
(2) The Labour Tribunal shall only make an order under this rule if
(a) each of the parties concerned has been given an opportunity at a hearing
to show cause why such an order should not be made; or
(b) it has sent notice to all the parties concerned giving them an opportunity
to show such cause.
(3) The Labour Tribunal may, on the application of a party made by notice to
the Secretary in Form O in the Schedule or of its own motion, vary or set aside an order
made by the Tribunal.
Notices generally
18. (1) Any notice given under these Rules shall be in writing.
(2) All notices and documents required by these Rules must be sent to the office
of the Labour Tribunal or such other office as may be notified by the Secretary to the
parties.
(3) All notices and documents required or authorised by these Rules to be sent
or given to any person hereinafter mentioned may be sent by post (subject to paragraph
(5)) or delivered to or at
(a) in the case of a notice or document directed to a party
(i) the address specified in his originating application or notice of
appearance to which notices and documents are to be sent, or in a
notice under paragraph (4), or
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SCHEDULE
The forms contained in this Schedule may be adapted as far as the circumstances of each
case may require.
FORM A
(Rule 3(1))
ORGINATING APPLICATION
TURKS AND CAICOS ISLANDS
LABOUR TRIBUNAL
PROVIDENCIALES/GRAND TURK
In the matter of the Employment Ordinance
......................................................
Applicant
v
.......................................................
Respondent
.........................................................
(address)
1.
I hereby apply to the Labour Tribunal pursuant to section 93(2) of the Employment
Ordinance for a decision on a dispute between myself and the Respondent(s)
mentioned herein.
2.
Mr./Mrs./Miss .............................................................................................................
(Surname in block capitals first)
Employment
3.
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If a representative has agreed to act for you in this case, give his/her name and
address below. Please note that further communications will be sent to your
representative and not to you.
Name and address of Representative: .........................................................................
.....................................................................................................................................
.....................................................................................................................................
Telephone No: ......................................................................
4.
(a)
(b)
5.
Place of employment to which this application relates, or place where the act
complained about took place
....................................................................................................................................
6.
7.
(a)
(b)
(a)
(b)
8.
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9.
10.
Please explain the grounds for your application below. It will be helpful to the
Labour Tribunal if you can give some details of the reason for your dismissal.
You will be further able to amplify them at the hearing.
..................................................................................................................................
..................................................................................................................................
..................................................................................................................................
11.
If you wish to state what in your opinion was the reason for your dismissal,
please do so here.
..
12.
If the Labour Tribunal decides that you were wrongly dismissed, please state
which of the following you would prefer: reinstatement -to carry on working in
your old job as before; re-engagement - to start another job, or a new contract
with your old employer; or compensation - to get an award of money
Signed: ................................................
Applicant
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FORM B
(Rule3(3) &(4))
NOTICE FOR FURTHER AND BETTER PARTICULARS
TO THE ORGINATING APPLICATION
TURKS AND CAICOS ISLANDS
LABOUR TRIBUNAL
PROVIDENCIALES/GRAND TURK
In the matter of the Employment Ordinance
......................................................
Applicant
v
.......................................................
Respondent
To: .............................................
(name)
.............................................
(address)
1.
By virtue of the powers conferred upon him/her rules 3(3) and (4) of the
Employment (Tribunal Procedure) Rules, the President of the Labour Tribunal
makes the following directions
.......................................................................................................................................
2.
3.
Your attention is drawn to the fact that rule 3(4) provides that if a direction made
under rule 3(3) is not complied with, the Labour Tribunal may strike out the whole
or part of the Originating Application: provide that the Labour Tribunal shall not
strike out or give such a direction unless it has sent notice to the applicant giving
him such an opportunity to show cause why such should not be done.
Dated the .................... day of ......................... 20............
.........................................
(Signature)
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FORM C
(Rule 4(c))
NOTICE OF ORGINATING APPLICATION
TURKS AND CAICOS ISLANDS
LABOUR TRIBUNAL
PROVIDENCIALES/GRAND TURK
In the matter of the Employment Ordinance
......................................................
Applicant
v
.......................................................
Respondent
.................................................
(address)
....................................................
(address)
If you name a representative, further communications regarding the case will be sent to
him and not to you, and you should arrange to be kept informed to the progress of the
case and of the parties (other than a Respondent who has not entered an appearance)
may appear and be heard in person or be represented by anyone they choose.
Crown Copyright 2009
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If you do not send me the completed form you will not be entitled to take any part in
the proceedings (except to apply for an extension of time to enter an appearance) or to
receive any further notice of the proceedings and a decision which may be enforceable
in the Supreme Court may be given against you in your absence. Whether or not you
enter an appearance you will be sent a copy of the Labour Tribunals decision.
.............................................
(Signature)
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FORM D
(Rule 5(1))
NOTICE OF APPEARANCE
TURKS AND CAICOS ISLANDS
LABOUR TRIBUNAL
PROVIDENCIALES/GRAND TURK
Applicant
v
.......................................................
Respondent
....................................................
(address)
1.
2.
...........................................................................................................................
My address is: ...................................................................................................
Telephone No: ..................................
3. If you have arranged to have a representative to act for you, give his/her
name and address below. Please note, any further communications will be
sent to him/her and not to you.
Name of Representative: ..................................................................................
Address: ............................................................................................................
Telephone No: ..................................
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For Official Use
Date of receipt
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Initials
___________
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FORM E
(Rule 6)
DEFENCE
TURKS AND CAICOS ISLANDS
LABOUR TRIBUNAL
PROVIDENCIALES/GRAND TURK
In the matter of the Employment Ordinance
......................................................
Applicant
v
.......................................................
Respondent
1.
2.
....................................................................................................................................
Address: .....................................................................................................................
Telephone No: ..................................
3.
If you have arranged to have a representative to act for you, give his name and
address below:
Name of Representative: ............................................................................................
Address: .....................................................................................................................
Telephone No: ..................................
(a)
(b)
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(c)
Are the dates given by the applicant as his period of employment correct?
Yes/No
(d)
(e)
(f)
If not, or if the applicant has not stated such details, give the correct
remuneration here:
...........................................................................................................
Basic wages/salary ........................ other pay or remuneration ................
4.
Give below sufficient particulars to show the grounds on which you intend to
resist the application. Further details can be added to the Labour Tribunals
hearing:
.........................................................................................................................
.........................................................................................................................
Initials
___________
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FORM F
(Rule 7(1))
NOTICE FOR FURTHER AND BETTER PARTICULARS
TURKS AND CAICOS ISLANDS
LABOUR TRIBUNAL
PROVIDENCIALES/GRAND TURK
In the matter of the Employment Ordinance
......................................................
Applicant
v
.......................................................
Respondent
.........................................................
(address)
To furnish me/us with further and better particulars of the grounds relied upon.
The particulars requested are as follows:
...................................................................................................................................
...................................................................................................................................
(b)
to provide me/us with a list of documents which are or have been in his
possession or power relating to the matters in question in these proceedings;
(c)
Employment
CAP. 17.08
........................................
(Signature)
The Applicant/Respondent
Initials
___________
107
[Subsidiary Legislation]
108
Employment
CAP. 17.08
[Subsidiary Legislation]
FORM G
(Rule 7(2))
NOTICE FOR ATTENDANCE AS A WITNESS AND
PRODUCTION OF DOCUMENTS
TURKS AND CAICOS ISLANDS
LABOUR TRIBUNAL
PROVIDENCIALES/GRAND TURK
In the matter of the Employment Ordinance
......................................................
Applicant
v
.......................................................
Respondent
.........................................................
(address)
I/We, the *Applicant/Respondent in this matter hereby apply to the Labour Tribunal,
pursuant to rule 7(2) of the Employment (Labour Tribunal Procedure) Rules, for a
direction that ................................................. of ...............................................................
(name)
(address)
(specify)
Employment
CAP. 17.08
............................................
(Signature)
The Applicant/Respondent
Initials
___________
109
[Subsidiary Legislation]
110
Employment
CAP. 17.08
[Subsidiary Legislation]
FORM H
(Rule 7(3))
NOTICE FOR INTERROGATORIES
TURKS AND CAICOS ISLANDS
LABOUR TRIBUNAL
PROVIDENCIALES/GRAND TURK
In the matter of the Employment Ordinance
......................................................
Applicant
v
.......................................................
Respondent
.........................................................
(address)
........................................
(Signature)
The *Applicant/Respondent
___________
Employment
CAP. 17.08
111
[Subsidiary Legislation]
FORM I
(Rule 7(6))
NOTICE TO VARY OR SET ASIDE
DIRECTION UNDER RULE 7(1), (2) OR (3)
TURKS AND CAICOS ISLANDS
LABOUR TRIBUNAL
PROVIDENCIALES/GRAND TURK
In the matter of the Employment Ordinance
......................................................
Applicant
v
.......................................................
Respondent
I/We, the *Applicant/Respondent in this matter hereby apply to the Labour Tribunal,
pursuant to rule 7(6) of the Employment (Labour Tribunal Procedure) Rules, to
*vary/set aside the direction of the Labour Tribunal dated ...............................................
requiring ...........................................................................................................................
(name the party or person)
to......................................................................................................................................
(specify direction)
........................................
(Signature)
The * Applicant/Respondent
Initials
112
Employment
CAP. 17.08
[Subsidiary Legislation]
FORM J
(Rule 8(1))
NOTICE OF HEARING
TURKS AND CAICOS ISLANDS
LABOUR TRIBUNAL
PROVIDENCIALES/GRAND TURK
In the matter of the Employment Ordinance
......................................................
Applicant
v
.......................................................
Respondent
.........................................................
(address)
Attendance should be at the above time and place. The parties (other than a
Respondent who has not entered an appearance) are entitled to appear at the
hearing and to state their case in person or be represented by anyone they wish.
A party can choose not to appear and can rely on written representations (which
if additional to any already submitted must be sent to the Labour Tribunal and
copied to the other parties not less than 7 days before the hearing). However,
experience shows that it is normally in his own interests for each party and his
witnesses (if any) to attend in person even if they have made statements or
representation in writing.
2.
It is very important that each party should bring to the hearing any documents
that may be relevant (e.g. a letter of appointment, contract of employment, pay
slip, evidence of unemployment and other national insurance benefits, wages
book, details of benefits and contributions under any pension or superannuation
scheme etc.).
Employment
CAP. 17.08
113
[Subsidiary Legislation]
3.
If the complaint is one of wrongful dismissal the Labour Tribunal may wish to
consider whether to make an order for reinstatement or re-engagement. In these
cases the Respondent should be prepared to give evidence at the hearing as to
the availability of the job from which the Applicant was dismissed or of
comparable or suitable employment and generally as to the practicability of
reinstatement or re-engagement of the Applicant by the Respondent.
4.
If for any reason a party (other than a Respondent who has not entered an
appearance) does not propose to appear at the hearing, either personally or by a
representative, he should inform me immediately, in writing, giving the reason
and the case number and year. He should also state whether he wishes the
hearing to proceed in his absence, relying on any written representations he may
have made.
5.
The hearing of this case will take place at the time stated above or as soon
thereafter as the Labour Tribunal may dismiss or dispose of the application in
his absence.
........................................
(signature)
Initials
___________
114
Employment
CAP. 17.08
[Subsidiary Legislation]
FORM K
(Rule 12(1) )
NOTICE OF WITHDRAWAL
TURKS AND CAICOS ISLANDS
LABOUR TRIBUNAL
PROVIDENCIALES/GRAND TURK
In the matter of the Employment Ordinance
......................................................
Applicant
v
.......................................................
Respondent
(address)
........................................
(Signature)
The *Applicant/Respondent
For Official Use
Date of receipt
Initials
Employment
CAP. 17.08
115
[Subsidiary Legislation]
FORM L
(Rule 14(2))
NOTICE OF WITHDRAWAL
TURKS AND CAICOS ISLANDS
LABOUR TRIBUNAL
PROVIDENCIALES/GRAND TURK
In the matter of the Employment Ordinance
......................................................
v
.......................................................
Applicant
Respondent
(address)
........................................
(Signature)
*Applicant/Respondent
For Official Use
Date of receipt
Initials
116
Employment
CAP. 17.08
[Subsidiary Legislation]
FORM M
(Rule 16(1))
NOTICE OF JOINDER OF PARTIES
Applicant
v
.......................................................
Respondent
(address)
Initials
___________
Employment
CAP. 17.08
117
[Subsidiary Legislation]
FORM N
(Rule 17(1))
Applicant
v
.......................................................
Respondent
(address)
........................................
(Signature)
Applicant/Respondent
Initials
___________
118
Employment
CAP. 17.08
[Subsidiary Legislation]
FORM O
(Rule 17(3))
NOTICE TO VARY OR SET ASIDE
ORDER UNDER RULE 17
Applicant
v
.......................................................
Respondent
(address)
........................................
(Signature)
Applicant/Respondent
Initials
___________
Employment
CAP. 17.08
119
[Subsidiary Legislation]
FORM P
(Rule 18(4))
Applicant
v
.......................................................
Respondent
....................................................................
(address)
(address)
to which all notices and documents in this matter are to be sent or delivered to me.
Dated the ................. day of ....................................... 20............
........................................
(Signature)
*Applicant/Respondent
For Official Use
Date of receipt
Initials