Chapter VIII: Unfair Dismissal
186. Meaning of dismissal

 

 

"Dismissal" means that-

  1. an employer has terminated a contract of employment with or without notice;

  2. an employee reasonably expected the employer to renew a fixed term contract of employment on the same or similar terms but the employer offered to renew it on less favourable terms, or did not renew it;

  3. an employer refused to allow an employee to resume work after she-
    1. took maternity leave in terms of any law, collective agreement or her contract of employment; or

    2. was absent from work for up to four weeks before the expected date, and up to eight weeks after the actual date, of the birth of her child;

  4. an employer who dismissed a number of employees for the same or similar reasons has offered to re-employ one or more of them but has refused to re-employ another; or

  5. an employee terminated a contract of employment with or without notice because the employer made continued employment intolerable for the employee.