An employer in the Cook Islands may terminate an employee's employment for reasons such as incapacity, misconduct, or redundancy.

Grounds for Dismissal

• Capacity: The employee can no longer physically or mentally fulfill their job requirements.
• Conduct: The employee has engaged in misconduct or serious misconduct, such as dishonesty, insubordination, or breaches of safety.
• Redundancy: The employee's position is no longer required due to a restructure or similar business circumstance.

Notice Requirements

• Termination by Employee: An employee must provide a minimum of one week's notice if they wish to terminate their employment.
• Termination by Employer: The required notice period for an employer depends on the grounds for termination:
  • Capacity or Redundancy: Notice must be "reasonable," considering factors like the employee's time in service and the nature of the position.
  • Conduct: The employer may provide a shorter notice or, in cases of serious misconduct, dismiss the employee summarily (without notice).

Severance Pay

There are no general statutory severance pay requirements in the Cook Islands. However, severance entitlements might be outlined within:

• Individual Employment Agreements: Contracts often have severance clauses.
• Collective Agreements: Applicable to employees who are union members.

Important Considerations

• Procedural Fairness: Even with valid reasons, employers must follow fair procedures in dismissals. This includes providing the employee an opportunity to respond to allegations and exploring possible alternatives to termination.

In the Cook Islands, there are certain protections against discrimination, although these laws may not be as comprehensive as those found in other countries.

Protected Characteristics

The Cook Islands law explicitly prohibits discrimination on the following grounds:

• Disability: The Disability Act 2008 prevents discrimination against individuals with disabilities in various areas such as employment, education, and access to goods and services.
• Sexual Orientation (in Employment): The Employment Relations Act 2012 prohibits employment discrimination based on sexual orientation.

Limited Protections in Other Areas

The Cook Islands Constitution provides general guarantees of equality and freedom from discrimination. However, it does not specify protected grounds beyond those mentioned above.

Redress Mechanisms

• Complaints to the Ombudsman: Individuals who experience discrimination can file a complaint with the Cook Islands Ombudsman.
• Employment Relations Authority: For workplace discrimination, complaints can be lodged with the Employment Relations Authority.
• Legal Action: In some cases, legal action through the courts may be an option.

Employer Responsibilities

Employers in the Cook Islands are required to:

• Prevent Discrimination: Take proactive measures to prevent discrimination in hiring, promotions, pay.
• Implement Policies: Develop and enforce anti-discrimination policies within the workplace.
• Address Complaints: Investigate any discrimination complaints promptly and take appropriate corrective action.

The Employment Relations Act 2012 provides the primary framework for working condition standards in the Cook Islands.

Work Hours

The standard work week in the Cook Islands is a maximum of 40 hours. Overtime pay may apply for hours exceeding this. There are generally no maximum daily limits on hours worked. However, the Employment Relations Act 2012 specifies certain scheduling requirements to ensure rest periods.

Rest Periods

Employees are entitled to a paid rest break of at least 10 minutes after every 3 hours of work. A meal break is required after 5 hours of work, including the rest break. Whether the meal break is paid or unpaid should be specified in the employment contract. There must be at least an 11-hour break between the end of one working day and the start of the next.

Ergonomic Requirements

While there are no specific ergonomic regulations in the Cook Islands, employers have a general duty to ensure a safe and healthy workplace. Employers must identify and minimize workplace hazards, including ergonomic risks from repetitive strain, poor posture, etc. Employers should consider ergonomic principles in designing workstations and providing appropriate equipment.

Other Considerations

The Cook Islands has a minimum wage, which is periodically adjusted. Employees are entitled to annual leave, sick leave, and public holidays.

Employers are obligated to take all reasonably practicable steps to ensure the safety and health of their employees. This includes providing safe equipment, systems of work, information, training, instruction, and supervision. They must identify hazards, assess risks, and implement control measures to eliminate or minimize those risks. Employers also have the obligation to report serious workplace injuries or illnesses to the relevant authorities and investigate incidents to prevent recurrence. Furthermore, they must consult with their employees on health and safety matters and encourage their participation in identifying and resolving workplace hazards.

Employee Rights

Employees have the right to work in a safe and healthy environment. They can refuse to carry out work they believe poses a serious risk to their health or safety, or the safety of others. Employees are entitled to receive information and training on workplace hazards and how to work safely. They also have the right to participate in health and safety matters that affect them and be represented by a health and safety representative if they choose.

Enforcement Agencies

The Labour Division of the Ministry of Internal Affairs is the primary agency responsible for overseeing the implementation and enforcement of occupational health and safety (OHS) regulations. OHS inspectors have the authority to enter workplaces, conduct inspections, issue improvement notices, and take enforcement action where necessary.

Key Sources for Authoritative Information

The government's approach to creating a robust OHS system is outlined in the Final Draft National Occupational Safety and Health Policy. The Ministry of Finance & Economic Management provides details on the reforms underway in the Cook Islands Occupational Safety and Health National Reform. The International Labour Organization (ILO) also provides an occupational safety and health country profile for the Cook Islands.