Complaints of unfair dismissal

(1) Within twenty-one days of the date of dismissal or wrongful termination, an employee shall have the right to file a complaint to the Tribunal, through the Commissioner whether notice has been given or not. (2) The right of an employee to make a complaint under this section is without prejudice to any right the employee may enjoy under a collective agreement. (3) Sub-section (1) does not apply to a contract of employment, which is terminated pursuant to section 37(1) unless, in the case of a worker, the worker is able to give evidence to the satisfaction of the Tribunal that a reason under section 42 of the Act, may be the cause of termination of the contract of employment.