The claimant alleged unlawful dismissal due to her bisexuality, arguing that her dismissal violated Saint Lucia’s Equality of Opportunity and Treatment and Occupation Act. The defendant (employer), argued that the claimant was lawfully terminated due to performance issues and thus did not discriminate based on her sexual orientation. The key issue is whether the claimant’s dismissal was motivated by discrimination based on her sexual orientation.

The applicant challenged the constitutionality of an ex parte interim protection order issued to his wife under the Domestic Violence Act of St. Lucia. The Act mandated the issuance of protective orders to immediately shield victims of domestic violence from further harm.

The petitioner filed for divorce and sought interlocutory injunctive relief, alleging that she suffered extreme verbal and physical abuse, threats of physical violence, and assault with and without dangerous weapons.

The Counter-Trafficking Act of Saint Lucia is designed to prevent and combat the trafficking of women and children. The Act criminalizes trafficking and related acts such as assisting, conspiring, or directing others, with penalties of up to EC$100,000, five years’ imprisonment, or both upon summary conviction.

Under the Domestic Violence Act of Saint Lucia the act of domestic violence is broadly defined to include both mental and physical harm. Any person who is convicted of the crime of domestic violence is subject to a fine not exceeding ten thousand East Caribbean dollars, imprisonment for up to five years, or both.

Section 13 of the Divorce Act of Saint Lucia provides additional grounds for a marriage to be voidable.

Divorce Act of Saint Lucia, Part 1 Divorce, Section 3 Breakdown of Marriage to be Sole Divorce, Section 4 Proof of Breakdown, Section 5 Restrictions on Petitions for Divorce, Section 9 Opposition to Decree, Section 17 Abolition of Bars

Section 7(1) of the Labour Code of Saint Lucia prohibits employers from discriminating against employees based on race, color, sex, religion, national origin, social origin, ethnic origin, political opinion or affiliation, age, disability, serious family responsibility, pregnancy, marital status or HIV\AIDS status.

Saint Lucia Criminal Code, Chapter 2 Offences, Part 1 Offences Against the Person, Subpart D, Termination of Pregnancy and Childbirth Offence Causing Harm to Child at Birth, Section 165 Explanation as to termination of pregnancy and Section 166 Termination of pregnancy in certain cases

Section 139 of the Criminal Code makes it a criminal offense for an employer or a supervisor to create the impression that an employee must accept or tolerate sexual advances or sexually suggestive comments or behavior in order to avoid negative consequences at work. This also applies to prospective employers who create the impression that job applicants must do the same to be hired or to receive certain job conditions.