Labour Code 2012 - Government of Montserrat

MONTSERRATLABOUR CODE, 2012No. 20 of 2012(4) Where the employee, after being warned in accordancewith subsection (3), is guilty of a similar offence ormisconduct in the following 6 months, the employermay terminate the employee’s contract without furthernotice.(5) An employer who dismisses an employee undersubsection (4) shall provide the employee with a writtenstatement of the reasons for the action.(6) The employer shall be deemed to have waived his or herright to terminate the employment of an employee formisconduct where he or she has failed to do so within 6months after having knowledge of the misconduct.(7) Where, after the probationary period has expired, theemployee is not performing his or her duties in asatisfactory manner, the employer may give him or her awritten warning to that effect.(8) Where the employee, after he or she is warned pursuantto subsection (7), does not, during the following 3month period, demonstrate that he or she is able toperform and has performed duties in a satisfactorymanner, the employer may terminate the employmentcontract.(9) An employer shall not terminate the employment of anemployee for unsatisfactory performance unless theemployer has given the employee written warningpursuant to subsection (7) and appropriate instructionsand training where required to correct the unsatisfactoryperformance and the employee continues to perform hisor her duties unsatisfactorily for a period of 3 months.(10) An employer may terminate the employment of anemployee where the employee could not continue towork in the position held without contravention of thelaw.(11) An employer may terminate the employment of anemployee where the employee is made redundant.40