Know Your Rights under the Termination and Severance Pay Act- Part 3

This represents a continuation of the Termination of Employment and Severance Pay Act which has been published last week. The intent of this publication is to bring to the public’s awareness their rights that are protected under the law and to make sure that when confronted with challenges by their employers they will be informed as to how to respond.

Termination of employment and Severance Pay

Continuity of Employment

4. (1) continuous employment shall begin from and include the first day on which an employee begins to work for an employer and shall continue up to and including the date of termination of employment of such employee.

(2) An employee’s continuous employment shall not be treated as interrupted if the employee is absent from work-

1. a)Due to taking annual leave, maternity leave or sick leave or any law or contract or agreement or disability;
2. b)Due to such employee’s suspension, with or without payment in accordance with the provision of any law, contract or agreement;
3. c)Due to such employee’s termination of employment prior to being reinstated or re-engaged in, his previous employment in accordance with this Act, or any other law or under any contract or agreement;
4. d)Due to having been temporarily laid off by the employer for a period not exceeding six weeks;
5. e)Due to lockout;
6. f)In accordance with the contract of employer of such employees.

(3) Any period of time elapsing in the circumstances referred to in subsection (2) shall count for the purpose of calculating the continuous period of employment.

(4) Any period during which an employee is absent from work because of his participation in industrial action in conformity with the provisions of any law or collective labour agreement shall not count for the purpose of calculating length of continuous employment.

(5) Subject to the provisions of this Act, where a business or part of it is sold, leased, transferred or otherwise disposed of, the period of employment of an employee with a previous employer shall be deemed to constitute a single period of continuous employment with the successor employer provided that the successor employer has agreed therefore.

(6) It shall be the duty of every employer to keep such records as are necessary to show that the provisions of this Act are being complied with in respect of persons in his employment and if he fails to do so, he shall be liable on summary conviction in respect of each offence to a fine of fifteen thousand, six hundred and twenty-five dollars. (Republished).