In Saint Helena, Ascension, and Tristan da Cunha, the termination of employment is regulated by the Employment Rights Ordinance (2010) and associated regulations. These laws are crucial for ensuring termination practices are fair and lawful.

Lawful Grounds for Dismissal

An employee in Saint Helena, Ascension, and Tristan da Cunha can be lawfully dismissed under the following circumstances:

• Capability or Qualification: The employee lacks the competency, qualifications, or skills required to satisfactorily fulfill their job duties.
• Conduct: The employee has engaged in misconduct, serious breaches of contract, or behaviors that warrant dismissal.
• Redundancy: The position becomes unnecessary within the organization, leading to termination for economic, structural, or technological reasons.
• Statutory Restriction: Laws or regulations prohibit the continued employment of the individual.
• Other Substantial Reasons: Other valid grounds that would justify the termination of the employment contract.

Notice Requirements

Except in cases of gross misconduct, employers are required to provide notice to employees prior to termination. The required notice periods, which are prescribed by law, depend on the employee's length of service:

• Less than three months of service: No notice required in most cases.
• Three months to two years of service: At least one week's notice.
• Two years to five years of service: At least two weeks' notice.
• Five years to twelve years of service: At least four weeks' notice.
• Twelve years of service or more: At least twelve weeks' notice.

Severance Pay

In cases of redundancy, employees in Saint Helena, Ascension, and Tristan da Cunha are entitled to severance payments. The specific calculation of severance pay is based on several factors, including:

• Employee's length of continuous service.
• Employee's regular wages/salary.

Important Note: For the most up-to-date and specific guidance on termination of employment regulations in Saint Helena, Ascension, and Tristan da Cunha, it is always advised to consult the Employment Rights Ordinance, legal advisors, or relevant labor authorities.

Saint Helena, Ascension, and Tristan da Cunha have established comprehensive anti-discrimination laws to protect individuals from unjust treatment in various areas, with the Constitution of Saint Helena affirming the fundamental right to freedom from discrimination.

Protected Characteristics

Discrimination is expressly prohibited in Saint Helena, Ascension, and Tristan da Cunha on the following grounds:

• Race
• Sex
• Sexual orientation
• Religion or belief
• Disability
• Age
• Gender identity or reassignment
• Pregnancy and maternity
• Marital status

Redress Mechanisms

For those who experience discrimination, there are several options for seeking redress:

• Informal resolution: The first step often encouraged is to attempt a resolution directly with the employer.
• Employment Tribunal: The Employment Tribunal offers a formal avenue for addressing discrimination complaints. Decisions made by the Tribunal are legally binding.
• Judicial Proceedings: In certain instances, such as cases involving criminal elements, matters may be pursued through the courts.

Employer Responsibilities

Employers in Saint Helena, Ascension, and Tristan da Cunha play a vital role in preventing and addressing discrimination:

• Policy Implementation: Employers should have clear anti-discrimination and equal opportunities policies in place and communicate them effectively to all employees.
• Training: Regular training sessions for employees and management can help create a culture that encourages inclusiveness and prohibits discriminatory behavior.
• Complaint Handling: Employers must take all discrimination complaints seriously and have procedures for investigating and resolving them promptly and fairly.

The Saint Helena Constitution directly enshrines the right to freedom from discrimination. For the most current and comprehensive information on anti-discrimination laws, consult official government websites or legal experts.

Working conditions in Saint Helena, Ascension, and Tristan da Cunha are not widely documented, but some information can be inferred from available resources.

Absence of Labor Inspectorate

Saint Helena, Ascension, and Tristan da Cunha lack a functioning labor inspectorate to enforce existing labor laws and regulations. This absence weakens the mechanisms for ensuring adherence to any established work hour, rest period, or ergonomic standards.

Legislative Gaps

There is no legislation specifically criminalizing forced labor, debt bondage, human trafficking, and some aspects of child labor. This suggests that there may not be comprehensive legislation governing various aspects of work conditions.

Possible Frameworks

In the absence of readily available information on codified work hour, rest period, and ergonomic standards, it is possible that Saint Helena, Ascension, and Tristan da Cunha adhere to general common law principles or follow guidelines set by regional organizations.

Future Developments

Ascension Island enacted an Employment Ordinance in 2022, which may outline some working conditions details. This suggests potential legislative developments in this area.

Saint Helena, Ascension, and Tristan da Cunha (SHATC), despite their geographical separation, share a unified health and safety (H&S) framework. This framework outlines employer obligations, employee rights, and enforcement mechanisms.

Employer Obligations

Employers in SHATC are legally required to ensure the health, safety, and welfare of their employees. This duty is outlined in the Health and Safety at Work (SHATC) Ordinance. The ordinance requires employers to:

• Conduct risk assessments: Identify potential hazards in the workplace and implement control measures to mitigate risks.
• Provide a safe working environment: This includes maintaining equipment, ensuring proper ventilation and lighting, and offering Personal Protective Equipment (PPE) where necessary.
• Offer health and safety training: Employees must be adequately trained on safe work practices and emergency procedures.
• Maintain accident and incident records: Employers must document workplace accidents and incidents to identify trends and implement preventive measures.

Employee Rights

Employees in SHATC have the right to a safe and healthy work environment. This includes the right to:

• Refuse unsafe work: Employees can refuse work they believe to be unsafe without fear of reprisal.
• Report health and safety concerns: They have the right to report unsafe work practices or hazards to their employer or the Health and Safety Inspectorate.
• Use health and safety equipment: Employees must be provided with and properly trained on the use of PPE.
• Participate in health and safety consultations: Employees have the right to be consulted on matters related to health and safety in the workplace.

Enforcement Agencies

The Health and Safety Inspectorate within each territory (Saint Helena, Ascension, and Tristan da Cunha) is responsible for enforcing health and safety regulations. Inspectors have the authority to:

• Conduct workplace inspections: They can visit workplaces to assess compliance with health and safety regulations.
• Issue improvement notices: If they identify hazards or non-compliance, they can issue notices requiring employers to take corrective actions.
• Prosecution: In cases of serious breaches or accidents, they can initiate legal proceedings against employers.