BAHAMAS Law and Practice Contributed by: Judith Whitehead KC, Graham Thompson
4.4 Termination of Employment Contracts
grounds for the redundancy and provide a written statement containing the reasons for the dismissal, the number and category of persons likely to be affected, and the period over which such dismissals are likely to be carried out; • consult with the trade union, if applicable, or the employees’ representative on the pre - scribed matters concerning the dismissal and the particulars of the grounds for the redun - dancy; and • consult with the Minister of Labour in writing and provide the Minister with the information contained in the said written statement. 4.5 Employee Representations Generally speaking, the role of an employee rep - resentative is not required by law. Where the workforce is unionised, industrial agreements provide for the appointment of a representative, which would include, at a mini - mum, the purpose and functions as prescribed in the Industrial Relations Act. However, the extent of the rules and practices regarding employee representation depends on the terms negotiated between the relevant parties and thus may vary. For those employment relationships to which an industrial agreement applies, a workplace representative is appointed who shall generally safeguard the interests of the employees and hear the collective views of the staff with a view of forwarding the same to the employer for their/ its attention. Trade unions are required by law to co-operate in ensuring effective communication and consulta - tion with the employer regarding the employees’ views and the problems they face in meeting the employer’s objectives. The trade union is also obligated to keep all employees adequately
Contracts of employment may be terminated by either party upon giving the other party reason - able notice of the termination, by the employer without notice as detailed previously or by the employer “for cause” when an employee com - mits a fundamental breach of the contract such that the nature of the breach is repugnant to the interests of the employer. An employment contract may also be terminated on the grounds of redundancy. An employee’s position is lawfully made redundant in the fol - lowing circumstances: • where the employer has ceased or intends to cease to carry on the business for the pur - poses of which the employee was employed; • where the employer has ceased or intends to cease to carry on the business for the pur - poses of which the employee was employed in the place where the employee was employed; and • where the requirements of the business for employees to carry out work of a particular kind, whether in the same place where they were employed or at all, have ceased or diminished or are expected to cease or dimin - ish. Except where an employee is terminated for cause, the employer is required to either give notice or pay in lieu of notice (see 4.2 Charac- teristics of Employment Contracts ). Before the employer can lawfully terminate an employee or employees on the grounds of redundancy, the employer must: • inform the relevant trade union, if applica - ble, or the employees’ representative of the
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