Employment
Labour and Employment Relations Act 2013 with unjustified dismissal
A single modern code in the Labour and Employment Relations Act 2013 covering minimum terms, unions and dismissal, with mediation before adjudication and a national minimum wage.
Key rules
- Deadline — An unjustified dismissal complaint must be raised within the statutory grievance period
- Deadline — Employer and employee contributions to the National Provident Fund are compulsory
Governing law
- Labour and Employment Relations Act 2013 (s. 20)
- Occupational Safety and Health Act 2002
- Accident Compensation Act 1989
- National Provident Fund Act 1972
In practice
The 2013 Act replaced a 1972 ordinance and imported the New Zealand concept of unjustified dismissal, requiring both substantive justification and a fair process, with mediation as the first step before the tribunal or Supreme Court. That makes Samoa's protection notably stronger than the notice-based approach in PNG or Vanuatu's severance model. A national minimum wage applies and is periodically reviewed by cabinet rather than by an independent board. Contributions to the National Provident Fund and the accident compensation scheme are compulsory and are commonly overlooked by new employers.