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What requirements need to be followed for redundancy/termination of employees for reason other than disciplinary measure?

An employer wishing to terminate a contract of employment of a worker under the Negotiation Procedure must, not less than 42 days before the employer intends to give notice of termination to the worker, notify the Chief Executive. The 42 days may, in exceptional circumstances and at the discretion of the Chief Executive, be reduced. Upon receipt of the notification with the required fee the Competent Officer requests all relevant information required from employer and registers the application.

A date for the consultation is set and communicated to the employer. The employer is required to bring the worker/s to be terminated to the consultation. The Competent Officer has to give the determination within 14 days after the date of registration of the notification. The employer has to wait for 21 days from the determination before giving notice of termination to the worker. The determination is subject to appeal. The appeal application with the required fee is received, a date for the hearing by the Employment Advisory Board is set and communicated to the employer/worker, a panel to hear the case is put together and a copy of the file is sent to them.

The Minister has to within 42 days of the lodging of the appeal give his or her ruling.The Employment Advisory Board’s report is received, placed on file and forwarded to the Minister for is ruling. Where found necessary, a brief on the case is prepared by the Competent Officer to guide the Minister. When the ruling is received, it is drafted by the Competent Officer, signed by the Minister and communicated to the parties by the Chief Executive. At both stages, i.e. consultation before Competent Officer and appeal, where there is non-compliance, the party is sent reminders and legal action initiated.

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