26. (1) Where an employee who has been continuously employed for one year or more is dismissed by his employer because of redundancy, his employer is, subject to the provisions of this Part, liable to pay to him a sum (in this Act referred to as a "redundancy payment" or "redundancy pay") calculated in accordance with subsection (2).

Right to redundancy payment.

(2) Subject to subsection (3), the amount of the redundancy payment shall be calculated by reference to the date of the employee's redundancy by starting on that date and reckoning backwards the number of complete years of employment and allowing-

(a)where the employee has been employed for twelve months or more-

(i)two weeks' notice or two weeks' basic pay in lieu of notice; and

(ii)two weeks' basic pay (or a part thereof on a pro rata basis) for each year up to twenty-four weeks;

(b)where the employee holds a supervisory or managerial position-

(i)one month's notice or one month' s basic pay in lieu of notice; and

(ii)one month's basic pay (or a part thereof on a pro rata basis) for each year up to forty-eight weeks.

(3) Notwithstanding subsection (1), the employer shall have the right to appropriate any monies owing to him by the employee from any monies payable under subsection (1).

(4) Where an employer provides a gratuity or non-contributory pension for an employee, the employee is not entitled to both redundancy pay and the gratuity or non-contributory pension but the employee shall select the one which he prefers.

27. For the purposes of this Part, an employee shall be deemed to be dismissed because of redundancy if his dismissal is wholly or mainly attributable to-

Meaning of redundancy.

(a)the fact that his employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed by him, or has ceased, or intends to cease, to carry on that business in the place where the employee was so employed; or

(b)the fact that the requirements of that business for employees to carry out work of a particular kind, or for employees to carry out work of a particular kind in the place where he was so employed, have ceased or diminished or are expected to cease or diminish:

Provided that an employee shall not be deemed to be dismissed because of redundancy where such employee is required to carry out work for a fixed term of less than two years in respect of a specific construction project and such term has come to an end.

28. (1) Payment of redundancy pay shall be made on or before the date of the employee's redundancy.
Recovery of redundancy payments.

(2) A redundancy payment may be recovered as a debt due to the employee in proceedings before the Tribunal.

(3) A redundancy payment shall be a preferred debt in all cases involving bankruptcy or liquidation.

Unless u want to be back and forth to the tribunal.
When I did HR standard was what I have stated...and if there is pension u have to give the person their contributions with interest!
we have a saving plan with fidelity but that will have to be worked out from that end i am dealing with that on monday. overall they will leave with a huge peice of money but i just want to covwer myself as it partians to the law.

26. (1) Where an employee who has been continuously employed for one year or more is dismissed by his employer because of redundancy, his employer is, subject to the provisions of this Part, liable to pay to him a sum (in this Act referred to as a "redundancy payment" or "redundancy pay") calculated in accordance with subsection (2).
Right to redundancy payment.
(2) Subject to subsection (3), the amount of the redundancy payment shall be calculated by reference to the date of the employee's redundancy by starting on that date and reckoning backwards the number of complete years of employment and allowing-
(a)where the employee has been employed for twelve months or more-
(i)two weeks' notice or two weeks' basic pay in lieu of notice; and
(ii)two weeks' basic pay (or a part thereof on a pro rata basis) for each year up to twenty-four weeks;
(b)where the employee holds a supervisory or managerial position-
(i)one month's notice or one month' s basic pay in lieu of notice; and
(ii)one month's basic pay (or a part thereof on a pro rata basis) for each year up to forty-eight weeks.
(3) Notwithstanding subsection (1), the employer shall have the right to appropriate any monies owing to him by the employee from any monies payable under subsection (1).
(4) Where an employer provides a gratuity or non-contributory pension for an employee, the employee is not entitled to both redundancy pay and the gratuity or non-contributory pension but the employee shall select the one which he prefers.
27. For the purposes of this Part, an employee shall be deemed to be dismissed because of redundancy if his dismissal is wholly or mainly attributable to-
Meaning of redundancy.
(a)the fact that his employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed by him, or has ceased, or intends to cease, to carry on that business in the place where the employee was so employed; or
(b)the fact that the requirements of that business for employees to carry out work of a particular kind, or for employees to carry out work of a particular kind in the place where he was so employed, have ceased or diminished or are expected to cease or diminish:
Provided that an employee shall not be deemed to be dismissed because of redundancy where such employee is required to carry out work for a fixed term of less than two years in respect of a specific construction project and such term has come to an end.
28. (1) Payment of redundancy pay shall be made on or before the date of the employee's redundancy.
Recovery of redundancy payments.
(2) A redundancy payment may be recovered as a debt due to the employee in proceedings before the Tribunal.
(3) A redundancy payment shall be a preferred debt in all cases involving bankruptcy or liquidation.

Good stuff!

26. (1) Where an employee who has been continuously employed for one year or more is dismissed by his employer because of redundancy, his employer is, subject to the provisions of this Part, liable to pay to him a sum (in this Act referred to as a "redundancy payment" or "redundancy pay") calculated in accordance with subsection (2).
Right to redundancy payment.
(2) Subject to subsection (3), the amount of the redundancy payment shall be calculated by reference to the date of the employee's redundancy by starting on that date and reckoning backwards the number of complete years of employment and allowing-
(a)where the employee has been employed for twelve months or more-
(i)two weeks' notice or two weeks' basic pay in lieu of notice; and
(ii)two weeks' basic pay (or a part thereof on a pro rata basis) for each year up to twenty-four weeks;
(b)where the employee holds a supervisory or managerial position-
(i)one month's notice or one month' s basic pay in lieu of notice; and
(ii)one month's basic pay (or a part thereof on a pro rata basis) for each year up to forty-eight weeks.
(3) Notwithstanding subsection (1), the employer shall have the right to appropriate any monies owing to him by the employee from any monies payable under subsection (1).
(4) Where an employer provides a gratuity or non-contributory pension for an employee, the employee is not entitled to both redundancy pay and the gratuity or non-contributory pension but the employee shall select the one which he prefers.
27. For the purposes of this Part, an employee shall be deemed to be dismissed because of redundancy if his dismissal is wholly or mainly attributable to-
Meaning of redundancy.
(a)the fact that his employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed by him, or has ceased, or intends to cease, to carry on that business in the place where the employee was so employed; or
(b)the fact that the requirements of that business for employees to carry out work of a particular kind, or for employees to carry out work of a particular kind in the place where he was so employed, have ceased or diminished or are expected to cease or diminish:
Provided that an employee shall not be deemed to be dismissed because of redundancy where such employee is required to carry out work for a fixed term of less than two years in respect of a specific construction project and such term has come to an end.
28. (1) Payment of redundancy pay shall be made on or before the date of the employee's redundancy.
Recovery of redundancy payments.
(2) A redundancy payment may be recovered as a debt due to the employee in proceedings before the Tribunal.
(3) A redundancy payment shall be a preferred debt in all cases involving bankruptcy or liquidation.
thanks a mill , you want the hr position over

(b)where the employee holds a supervisory or managerial position-

(i)one month's notice or one month' s basic pay in lieu of notice; and

(ii)one month's basic pay (or a part thereof on a pro rata basis) for each year up to forty-eight weeks.

Tony if you need the Labour you can give a months notice, you won't lose as he will still be working and you will still pay.

If you given him payment in lieu of notice, you will pay him now and lose the Labour.

(b)where the employee holds a supervisory or managerial position-
(i)one month's notice or one month' s basic pay in lieu of notice; and
(ii)one month's basic pay (or a part thereof on a pro rata basis) for each year up to forty-eight weeks.
i am beyond the scope of the law i think i am over paying now, but be it as it is these are some great guys, and if things pick up i will hire them back if they are still available.
thanks a bunch

No it's not and if the person knows their rights they will march straight to the labour bd!i respectfully disagree with your statement,first you gatta know labour laws and your rights before you go marching behind a unicorn.

Sad to hear that you have to "downsize" Bishop.

I pray favor, prosperity and the fulfillment of the Covenant on you so can expand and the business reach its full potential.

PART VII
TERMINATION OF EMPLOYMENT WITH NOTICE

29. (1) For the purposes of this Act, the minimum period of notice required to be given by an employer to terminate the contract of employment of an employee shall be-

Period of notice.

(a)where the employee has been employed for six months or more but less than twelve months-

(i)one week's notice or one week's basic pay in lieu of notice; and

(ii)one week's basic pay (or a part thereof on a pro rata basis) for the said period between six months and twelve months;

(b)where the employee has been employed for twelve months or more-

(i)two weeks' notice or two weeks' basic pay in lieu of notice; and

(ii)two weeks' basic pay (or a part thereof on a pro rata basis) for each year up to twenty-four weeks;

(c)where the employee holds a supervisory or managerial position-

(i)one month's notice or one month's basic pay in lieu of notice; and

(ii)one month's basic pay (or a part thereof on a pro rata basis) for each year up to forty-eight weeks.

(2) An employee shall not terminate his employment until after the expiry of-

(a)two week's notice to the employer if the period of employment is one year or more but less than two years; or

(b) four weeks notice to the employer if the period of employment is two years or more, unless the employer has been guilty of a breach of the terms and conditions of employment.

(3) Notwithstanding subsection (1), the employer shall have the right to appropriate any monies owing to him by the employee from any monies payable under subsection (1).

30. (1) Any notice which under this Part is required or authorised to be given by an employer to an employee may be given orally or in writing by being delivered to the employee, or left for him at his usual or last-known place of residence, or sent by prepaid registered post addressed to him at that place.
Provisions as to notices.

(2) Any notice which under this Part is required or authorised to be given by an employee to an employer may be given either by the employee himself or by a person authorised by him to act on his behalf, and, whether given by or on behalf of the employee-

(a)may be given orally or in writing by being delivered to the employer, or sent by prepaid registered post addressed to him at the place where the employee is or was employed by him; or

(b)if arrangements in that behalf have been made by the employer, may be given by being delivered to a person designated by the employer in pursuance of the arrangements, or left for such a person at a place so designated, or sent by prepaid registered post to such a person at an address so designated.

So simple. Just apply a little brainpower. Call your employee aside. Tell him that you will make a bet. Bet him a month's pay that if he loses his job, you will pay him a year's pay.

When he takes the bet, fire him.

Then don't give him a years pay.

That will make you lose the bet, so you have to pay him a month's pay.

Problem solved.

So simple. Just apply a little brainpower. Call your employee aside. Tell him that you will make a bet. Bet him a month's pay that if he loses his job, you will pay him a year's pay.
When he takes the bet, fire him.
Then don't give him a years pay.
That will make you lose the bet, so you have to pay him a month's pay.
Problem solved.
bouy lurk this aint one of those days but thanks for trying to make me smile

I need to down size as they say in the coporate world, is one months pay and acrued vacation a good settlement for an employee who has been with you six yrs. Am in the confines of the fair labour standard act?. nurry up need answers like now.

@ 4.00pm? This sounds like a hasty decision TM. Fire 'em quick!

Is there a severance template for small business owners? Cause that would be helpful. (I saw the stuff BGoddess posted, but it's Friday and my eyes already tired.)

Brown Suga, jazzfest tonight?

And Lurker, you need to write legislation. :D

Brown Suga, jazzfest tonight?



Where y'all be tonight? I tinks dat me and the goddess will be at one of the venues.

i respectfully disagree with your statement,first you gatta know labour laws and your rights before you go marching behind a unicorn.
Trust me I did HR for a number of years....the small person in The Bahamas is very wise. And there is always an Obie Ferguson waiting to represent them!

But you can respectfully disagree!

And yes the labour board is....