Termination of Employment
Termination of employment occurs if the contract of employment is terminated by the employer on the following grounds:
- Incompetence or lack of qualification in relation to the work for which the worker is employed
- Proven misconduct of the worker
- Legal restriction imposed on the worker prohibiting the worker from performing the work for which he or she is employed
As an employer, what constitutes unfair termination?
Employment is said to be unfairly terminated by the employer if the only reason for the termination is:
- That the worker has joined or 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
- That the worker seeks office as, or is acting or has acted in the capacity of a worker representative
- That the worker has filed a complaint or participated in proceedings against the employer involving alleged violation of this Act or any other enactment
- Due to the worker’s gender, race, colour, ethnicity, origin, religion, creed, social, political or economic status
- Due to the pregnancy of the worker or the absence of the worker from work during maternity leave
- Due to the worker’s disability
- That the worker is temporarily ill or injured and this is certified by a recognised medical practitioner
- That the worker does not possess the current level of qualification required in relation to the work for which the worker was employed, which differs from the level of qualification required at the commencement of his or her employment
- That the worker refused or indicated an intention to refuse to do any work normally done by a worker who at the time was taking part in a lawful strike unless the work is necessary or for the maintenance of plant and equipment.