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Zacca urges Employment Act dialogue
published: Friday | September 12, 2008

PRESIDENT OF the Private Sector Organisation of Jamaica (PSOJ), Christopher Zacca, has called for dialogue between the business community and Labour and Social Security Minister Pearnel Charles to discuss recent amendments to the Employment (Termination and Redundancy Payment) Act.

An amendment to the act now mandates employers to provide certain information to the minister of labour within 21 days of taking a decision to dismiss an employee by way of redundancy.

"On the face of it, it appears to be an unnecessary move by Government," Zacca told The Gleaner yesterday.

Not business friendly

The act requires employers to inform the minister about the effective date of decision to dismiss, the name and address of employee; the amount payable to employee; the name, description and type of employee's post; and a statement as to whether the employee is a member of a union.

Zacca said this amendment to the act was not a business-friendly move.

"It sounds like another unnecessary interference in the ability of business to carry out their course of business," Zacca stated.

The PSOJ president added that "there are so many other areas that need to be improved in terms of the climate".

On Wednesday, Angela Robertson, partner in the law firm Livingston, Alexander and Levy, told The Gleaner that the new regulation places a hefty burden on the employer.

She said there was a great deal of ambiguity as to what date is to be regarded as the date of the decision to dismiss.

Persons who breach this provision may be fined up to $250,000 and could face a maximum prison term of three months if convicted in the court.

Charles said yesterday that he would not be immediately avail-able to speak on the matter. He, however, said he would be prepared to explain the reasons for the amendment today.

Amendment to the The Employment (Termination and Redundancy Payments) Regulations, 1974,

Inserted REGULATION 11

(1) An employer who dismisses or proposes to dismiss his employee by reason of redundancy shall submit to the minister in writing -

(a) The effective date of the dismissal;

(b) The name and address of the employee;

(c) The amount which is payable to the employee;

(d) The name, description and type of the employee's post; and

(e) A statement as to whether the employee is a member of a union and if so, the name of the union with which the employee is affiliated.

(2) The information shall be submitted to the minister within 21 days of the date the decision to dismiss was made.

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