In Nauru, the termination of employment is primarily governed by the Workers (Contracts of Service) Act 1922 and the Republic of Nauru Public Service Act 2021.

Lawful Grounds for Dismissal

• Summary Dismissal: An employer can terminate employment without notice in the event of serious misconduct by the employee. This can include willful disobedience of a lawful order, theft or fraud, habitual neglect of duty, or intoxication or disorderly behavior at the workplace.

• Termination with Notice: Both the employer and the employee have the right to terminate employment by providing notice as per contract or the guidelines of the Workers (Contracts of Service) Act 1922. Grounds may include redundancy, poor performance (after warnings and opportunities for improvement), or operational changes within the business.

• Medical Retirement: The Republic of Nauru Public Service Act 2021 provides for retirement on medical grounds if an employee is deemed unfit to continue due to health reasons.

Notice Requirements

The required notice periods vary based on the type of employment and the reason for termination:

• Probationary Employees: One week's notice or payment in lieu of notice, unless terminated for misconduct.
• Employees Terminated on Redundancy Grounds or Without Cause: Four weeks' notice or payment in lieu of notice.
• Medical Retirement: Payment in lieu of a four-week notice period.

Note: Employment contracts may specify different notice periods, but they cannot be less than what is outlined in the law.

Severance Pay

• Redundancy: A permanent employee whose employment is terminated due to redundancy is entitled to 12 weeks' pay in severance.

Additional Considerations

Employees in Nauru have the right to challenge a dismissal they believe is unfair. Disputes can be referred to the relevant authorities for mediation or resolution.

Nauru's legal framework on discrimination is limited, despite some strides in addressing the issue. The Constitution of Nauru provides basic protection from discrimination. Article 5 states that every person in Nauru, regardless of race, place of origin, political opinions, color, creed, or sex, is entitled to various fundamental rights and freedoms. However, protections for other characteristics like sexual orientation, gender identity, disability, and age are not explicitly guaranteed.

Protected Characteristics

The Constitution suggests discrimination based on the following is prohibited:

• Race
• Place of Origin
• Political Opinions
• Color
• Creed (Religion)
• Sex

Redress Mechanisms

The mechanisms for seeking legal redress in cases of discrimination are not clearly defined in Nauruan law:

• No Dedicated Anti-Discrimination Body: Nauru doesn't have a specific human rights institution or ombudsman dedicated to handling discrimination complaints.
• Courts: Victims of discrimination would likely need to file a claim within the general court system, which could have limitations for addressing these specific cases.

Employer Responsibilities

Nauruan law does not impose extensive, specific responsibilities on employers to prevent and address discrimination in the workplace.

• Constitutional Protections: Employers are bound to uphold the constitutional rights of their employees, including the basic right to non-discrimination.
• Lack of Detail: There are no detailed laws mandating anti-discrimination policies, training, or handling of workplace discrimination complaints.

Key Observations

• Nauru's anti-discrimination framework is underdeveloped compared to many other countries.
• Gaps in protection leave individuals from certain groups vulnerable to discrimination.
• The pathways to seek justice in cases of discrimination may be complex.

Nauru, a member of the International Labour Organization (ILO), has a minimum wage standard but lacks comprehensive regulations governing working conditions.

Work Hours

In Nauru, there is no official legal limit on the standard workweek. However, the ILO provides member states with guidance on working hours, which Nauru may utilize in practice. The legal force of these guidelines is unclear. ILO guidelines typically recommend a 40-hour workweek, with limitations on overtime.

Rest Periods

There are no clear details regarding mandated rest periods or breaks during the workday in Nauru.

Ergonomic Requirements

There is a lack of publicly available information on specific ergonomic requirements for workplace setup or practices in Nauru. The Nauru Occupational Health and Safety Act of 2013 establishes a framework for workplace safety but doesn't explicitly address ergonomics.

Key Considerations

The lack of available information suggests that Nauru's regulations on working conditions might be underdeveloped. Consulting with the Nauruan Department of Labour or relevant industry bodies could provide more specific details on working hour limitations, rest period requirements, and ergonomic considerations.

Nauru's framework for occupational health and safety (OHS) is evolving. The primary legislation governing workplace health and safety in Nauru is the Occupational Health and Safety Act of 2013 (the Act). This act outlines various employer obligations such as duty of care, risk management, safe work practices, and consultation and training.

Employer Obligations

• Duty of Care: Employers must provide a safe work environment and ensure the health and safety of their workers.
• Risk Management: Employers are responsible for identifying and mitigating potential hazards in the workplace.
• Safe Work Practices: The Act requires employers to establish and implement safe work practices to prevent accidents and injuries.
• Consultation and Training: Employers should consult with workers on OHS matters and provide necessary health and safety training.

The Act also outlines some basic rights for employees regarding workplace health and safety:

Employee Rights

• Right to a Safe Workplace: Employees have the right to work in a safe environment free from foreseeable risks.
• Refusal of Unsafe Work: Employees can refuse to perform work they believe to be unsafe, provided they have reasonable justification for their concern.
• Access to Information and Training: Employees are entitled to receive information and training on workplace health and safety practices.

The Act establishes the Occupational Safety and Health Division within the Department of Labour as the enforcing body. However, information on their specific enforcement activities and resources is limited.

Enforcement Agencies

While the Act represents a step towards a structured OHS framework in Nauru, some limitations exist:

Limitations and Considerations

• Limited Resources: Nauru might face challenges in effectively enforcing OHS regulations due to resource constraints within the relevant government departments.
• Lack of Detail: The Act itself might not provide comprehensive details on specific safety protocols for various industries or hazards.

Nauru's OHS framework has the potential to provide a strong foundation for workplace safety. Continued development and effective enforcement are crucial to ensure a safe working environment for all employees.