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Dominica’s Labour Laws Fall Short of CARICOM and ILO Standards

A recent review of Dominica’s Protection of Employment Act has revealed that several sections of the legislation fail to meet international standards set by the Caribbean Community (CARICOM) and the International Labour Organization (ILO).

Shortcomings in Current Legislation

  • Section 10 of the Act, which deals with unfair dismissal, does not protect employees from being terminated on grounds such as HIV status, family responsibilities, disability, pregnancy, and absence due to illness or injury.
  • There is no express provision in the Protection of Employment Act on constructive dismissal, which allows an employee to terminate their contract without notice or with less notice than required by law where the employer’s conduct has made it unreasonable to continue the employment relationship.
  • Section 41 of the Act, which deals with the burden of proof in unfair dismissal cases, does not explicitly state that the employee has the onus of proving that the employer’s conduct was unreasonable.
  • There is no provision for employees who are unfairly dismissed due to their participation in a strike.

Recommendations

  • Amend Section 10(4) of the Act to make it illegal to terminate an employee based on these grounds, bringing it in line with ILO Convention No. 158 and CARICOM Model Labour Law provisions.
  • Introduce a new section on constructive dismissal and provide for employees who have terminated their contracts in these circumstances to be deemed unfairly dismissed.
  • Amend Section 41 of the Act to clarify the burden of proof in constructive dismissal cases, stating that the employee has the onus of proving that the employer’s conduct was unreasonable.
  • Introduce legislation providing for remedies for unfair dismissal due to participation in a strike.

Conclusion

The review concludes that Dominica’s labour laws require significant reforms to bring them in line with international standards and best practices. It recommends that the Government of Dominica take immediate action to amend the Protection of Employment Act and introduce new legislation to protect workers’ rights.