LAW PILL SERIES

The law prohibits the unfair termination of an employee’s contract of employment by the employer. An employee’s employment is terminated unfairly if the only reason for the termination is:

(a)?that the employee has joined, intends to join, or has ceased to be a member of a trade union or intends to take part in the activities of a trade union;

(b)?that the employee seeks office as, or is acting or has acted in the capacity of, an employees’ representative;

(c)??that the employee has filed a complaint or participated in proceedings against the employer involving alleged violation of the Labour Act, 2003 (Act 651) or any other enactment;

(d)?the employee’s gender, race, colour, ethnicity, origin, religion, creed, social, political, or economic status;

(e)?in the case of a female employee, due to her pregnancy or absence from work during her maternity leave;

(f)???due to the employee’s disability;

(g)?that the employee is temporarily ill or injured and this is certified by a recognised medical practitioner;

(h)?that the employee does not possess the current level of qualification required in relation to the work for which he/she was employed which is different from the level of qualification required at the commencement of the employment; or

(i)???that the employee refused or indicated an intention to refuse to do a work normally done by an employee who at the time was taking part in a lawful strike unless the work is necessary to prevent actual danger to life, personal safety, or health or the maintenance of plant and equipment.

?