Unfair dismissal

(1) Notwithstanding anything to the contrary contained in any other law or agreement, the following reasons do not constitute good and sufficient cause for dismissal or for the imposition of disciplinary action against a worker– (a) union membership or participation in union activities outside working hours or, with the consent of the employer, within working hours; (b) seeking office as, or acting or having acted in the capacity of, a worker’s representative; (c) the filing of a complaint, petition or the participation in proceedings against an employer involving alleged violation of any law, or recourse to competent administrative authorities; (d) worker’s race, colour, sex, marital status, ethnic origin, family responsibilities, religion, nationality, indigenous population or social origin; (e) political opinion of a worker where that opinion does not interfere with work performance; (f) worker’s physical structure, disability or age; subject to any law or collective bargaining agreement regarding retirement; (g) a female worker’s pregnancy or a reason connected with her pregnancy, or absence from work during maternity leave; (h) that was subjected to sexual harassment at the work place or by the employer or another worker of the same employer; (i) HIV status; (j) temporary absence from work because of illness or injury not caused by the worker’s own negligence and certified by a registered medical practitioner; (k) compulsory military leave; (l) participation in industrial action; (m) any other reason which the Minister may by Order published in the Gazette, determine. 38 (2) For the purpose of this section, the term unfair dismissal includes any distinction, execution or preferences made on the basis of nullifying or impairing equality of opportunity or treatment in employment or occupation. CAP. 107. (3) A reference in sub-section (l)(h) to the term “sexual harassment” is a reference to sexual harassment as constituted in the Protection Against Sexual Harassment Act. (4) A reference in sub-section (1)(j) to the term “temporary absence from work” is a reference to a medically certified period of absence not extending beyond a twelve month period but which does not apply to workers– (a) engaged under a contract of employment for a specified period of time or for a specified task; (b) serving a period of probation or qualifying period of employment determined in advance and of reasonable duration; (c) engaged in employment of a casual nature.