CAP. 226 [Rev. 2012] Employment (m) any compensation, including ex gratia payment, in respect of termination of employment paid by the employer and received by the employee. 50. Courts to be guided In determining a complaint or suit under this Act involving wrongful dismissal or unfair termination of the employment of an employee, the Industrial Court shall be guided by the provisions of section 49. 51. Certificate of service (1) An employer shall issue to an employee a certificate of service upon termination of his employment, unless the employment has continued for a period of less than four consecutive weeks. (2) A certificate of service issued under subsection (1) shall contain— (a) the name of the employer and his postal address; (b) the name of the employee; (c) the date when employment of the employee commenced; (d) the nature and usual place of employment of the employee; (e) the date when the employment of the employee ceased; and (f) such other particulars as may be prescribed. (3) Subject to subsection (1), no employer is bound to give to an employee a testimonial, reference or certificate relating to the character or performance of that employee. (4) An employer who wilfully or by neglect fails to give an employee a certificate of service in accordance with subsection (1), or who in a certificate of service includes a statement which he knows to be false, commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding six months or to both. PART VII – PROTECTION OF CHILDREN 52. Interpretation In this Part, except where the context otherwise requires— “employment” means employment of a child in a situation where— (a) the child provides labour as an assistant to another person and his labour is deemed to be the labour of that other person for the purposes of payment; (b) the child’s labour is used for gain by any person or institution whether or not the child benefits directly or indirectly; and (c) there is in existence a contract for service where the party providing the service is a child whether the person using the services does so directly or by agent. [Issue 1] 36