Antigua and Barbuda does not allow at-will dismissal. Termination must be for just cause — misconduct — or on operational grounds such as redundancy.
Notice periods
Notice is typically one month for employees with over six months' service, though collective agreements may specify longer.
During probation, either party may terminate with one week's notice, or as agreed in the contract.
Employees resigning are generally required to give two weeks' notice.
Payment in lieu
Permissible and often preferred by both parties. An employee with three years' service might receive two weeks' wages instead of working through the notice period.
The 21-day cooling-off period
This is specific to Antigua and worth knowing. For contested dismissals, there is a cooling-off period of 21 days during which the Department of Labour may intervene.
If you dispute your dismissal, that window matters — act within it rather than after.
The procedural requirements
Termination procedures require:
- Written notice
- A disciplinary hearing for misconduct cases
- Consultation with employee representatives for redundancies affecting multiple workers
Dismissals must be lawful, non-discriminatory and communicated in writing.
The right not to be unfairly dismissed
The Labour Code contains an express right not to be unfairly dismissed, along with provisions on termination after a fixed term and a test for measuring good cause for dismissal.
The process for complaints
The Code sets out the route: initiation of proceedings, preliminary action by the Labour Commissioner, action by the Minister on referral, formal proceedings, and review of the Hearing Officer's decision.
There are penalties for non-compliance.
Improper procedure has consequences
Improper termination procedures can result in reinstatement orders or additional compensation.
So a genuine reason applied without process is still a problem for the employer.
Where disputes go
Internal grievance procedures first, then the Labour Department or the Industrial Court.