[Rev. 2012]
CAP. 226
Employment
(c)
that the employment was terminated in accordance with fair
procedure.
(3) An employee who has been continuously employed by his employer for a
period not less than thirteen months immediately before the date of termination
shall have the right to complain that he has been unfairly terminated.
(4) A termination of employment shall be unfair for the purposes of this Part
where—
(a)
the termination is for one of the reasons specified in section 46; or
(b)
it is found out that in all the circumstances of the case, the employer
did not act in accordance with justice and equity in terminating the
employment of the employee.
(5) In deciding whether it was just and equitable for an employer to terminate
the employment of an employee, for the purposes of this section, a labour officer,
or the Industrial Court shall consider—
(a)
the procedure adopted by the employer in reaching the decision to
dismiss the employee, the communication of that decision to the
employee and the handling of any appeal against the decision;
(b)
the conduct and capability of the employee up to the date of
termination;
(c)
the extent to which the employer has complied with any statutory
requirements connected with the termination, including the issuing
of a certificate under section 51 and the procedural requirements set
out in section 41;
(d)
the previous practice of the employer in dealing with the type of
circumstances which led to the termination; and
(e)
the existence of any pervious warning letters issued to the
employee.
46. Reasons for termination or discipline
The following do not constitute fair reasons for dismissal or for the imposition
of a disciplinary penalty—
(a)
a female employee’s pregnancy, or any reason connected with her
pregnancy;
(b)
the going on leave of an employee, or the proposal of an employee
to take, any leave to which he was entitled under the law or a
contract;
(c)
an employee’s membership or proposed membership of a trade
union;
(d)
the participation or proposed participation of an employee in the
activities of a trade union outside working hours or, with the consent
of the employer, within working hours;
(e)
an employee’s seeking of office as, or acting or having acted in the
capacity of, an officer of a trade union or a workers’ representative;
(f)
an employee’s refusal or proposed refusal to join or withdraw from a
trade union;
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