Section 70: Your Right to Challenge Unfair Dismissal
70.Unfair termination
(1)An employee who has been continuously employed by his or her employer for at least thirteen weeks immediately before the date of termination, shall have the right to complain that he or she has been unfairly terminated.
(2)A complaint made under this section shall be made to a labour officer within three months of the date of dismissal, or such later period as the employee shall show to be just and equitable in the circumstances.
(3)No complaint under this section may be made by an employee whose services have been terminated or who has been dismissed under a probationary contract.
(4)The right of an employee to make a complaint under this section shall be in addition to any right an employee may enjoy under an agreement between an employer or group of employers and a labour union.
(5)Where court finds that a dismissal is unfair, the court may—
(a)order the employer to reinstate the employee;
(b)order the employer to pay compensation to the employee.
(6)The court shall require the employer to reinstate or re-employ the employee unless—
(a)the employee does not wish to be reinstated or re-employed;
(b)the circumstances surrounding the dismissal are such that a continued employment relationship would be intolerable;
(c)it is not reasonably practicable for the employer to reinstate or re-employ the employee; or
(d)the dismissal is unfair only because the employer did not follow a proper procedure.
Plain English Summary
You have the right to complain if you are unfairly dismissed from your job, as long as you have worked continuously for at least 13 weeks. You must re...
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