Last Updated: July 22nd, 2020
Last Updated: May 11th, 2020
April 13th, 2020 Changes
"Redundancy matters are NOT industrial disputes as defined in the Labour Relations and Industrial Disputes Act. The Ministry of Labour & Social Security and the Industrial Disputes Tribunal (IDT) DOES NOT have jurisdiction to settle redundancy issues. The Jamaica Employment (Termination and Redundancy Payments) Act (ETRPA) specifically provides that a Parish Court shall have jurisdiction over such matters (redundancy payment disputes), up to a maximum of $3 million. Any other guidance, Conciliatory meeting(s), recommendations or ruling that did not originate from the Parish or Supreme Courts must be avoided and will be considered ultra vires." - - Chartermagnates Limited v The Industrial Disputes Tribunal and Norma Roberts, Feb 14, 2020 - Supreme Court of Jamaica "Unfortunately, neither the LRIDA nor the ETRPA made any reference to each other. Thus, what exists here, is a situation in which there is general and also, separate, special legislation, which may be considered as pertaining to the same subject matter and yet, the general legislation makes no reference to the special and vice versa."- Of course though, the ETRPA expressly sets out the law in Jamaica, as regards matters of redundancy and permits the courts of Jamaica to have jurisdiction over same. Thus, the principles of ‘generalia specialibus non derogant’ must be applied. - CABLE & WIRELESS JAMAICA LIMITED v THE INDUSTRIAL DISPUTES TRIBUNAL and WINSTON SEWELL, Feb 14, 2020 - Supreme Court of Jamaica
The Employment (Termination and Redundancy Payment) Act ("the Act") ETRPA of Jamaica provides a legal prescription for redundancy payments and to establish a basis for the determination of redundancy and compensation for Jamaican workers for the loss of their jobs. The Act makes sure that an employee can receive some forewarning before the realities of a dismissal from employment kicks in, or at the very least, helps them financially to ease the burden based on entitlements. It is imperative that all employers are conscious of their requirements under the act and seek legal advice when considering a dismissal for any reason as error here can be costly in the long run. A statutory redundancy payment is due where an employee is made redundant with at least two years of continuous service. Seasonal workers may also be entitled to a redundancy payment in circumstances where the seasonal employee has been employed for two or more consecutive seasons on a continuous basis.
This calculator abides by the rules of THE LABOUR RELATIONS AND INDUSTRIAL DISPUTES ACT also known as LRIDA
Employers, who, without reasonable excuse, fail to give the employees being made redundant, a written statement indicating how the amount of redundancy payment has been calculated, will be subjected to a fine not exceeding $250,000.
This notice period is only applicable to workers who have been continuously employed for four weeks or more. The duration of notice that the employee is entitled to varies in accordance with the duration of service that they have provided to the employer. The act prescribes the following minimum notice periods for the corresponding length of service: