(1) In any claim arising out of termination the employer shall prove the reason or reasons for the dismissal, and where the employer fails to do so, the dismissal shall be deemed to have been unfair within the meaning of section 71.
(2) The reason or reasons for dismissal shall be matters, which the employer, at the time of dismissal, genuinely believed to exist and which caused him or her to dismiss the employee.
(3) In deciding whether an employer has satisfied this section, the contents of a certificate such as is referred to in section 61 informing the employee of the reasons for termination of employment shall be taken into account.

(1) An employee who has been continuously employed by his or her employer for at least thirteen weeks immediately before the date of termination, shall have the right to complain that he or she has been unfairly terminated.
(2) A complaint made under this section shall be made to a labour officer within three months of the date of dismissal, or such later period as the employee shall show to be just and equitable in the circumstances.
(3) No complaint under this section may be made by an employee whose services have been terminated or who has been dismissed under a probationary contract.
(4) The right of an employee to make a complaint under this section shall be in addition to any right an employee may enjoy under an agreement between an employer or group of employers and a labour union.
(5) If court finds that a dismissal is unfair, the court may—

(a) order the employer to reinstate the employee;
(b) order the employer to pay compensation to the employee.

(6) The court shall require the employer to reinstate or re­employ the employee unless—

(a) the employee does not wish to be reinstated or re-employed;
(b) the circumstances surrounding the dismissal are such that a continued employment relationship would be intolerable;
(c) it is not reasonably practicable for the employer to reinstate or re-employ the employee; or
(d) the dismissal is unfair only because the employer did not follow a proper procedure.

(1) A termination shall be unfair for the purposes of this Part where—

(a) the termination is for any of the reasons specified in section 75; or
(b) it is found out that in all the circumstances of the case, the employer did not act in accordance with justice and equity in terminating the employee from service.

The following shall not constitute fair reasons for dismissal or for the imposition of a disciplinary penalty—
(a) a female employee’s pregnancy, or any reason connected with her pregnancy;
(b) the fact that an employee took, or proposed to take, any leave to which he or she was entitled under the law or a contract;
(c) an employee’s membership or proposed membership of a labour union;
(d) participation or proposed participation in the activities of a labour union outside working hours or, with the consent of the employer, within working hours;
(e) an employee’s seeking of office as, or acting or having acted in the capacity of, an officer of a labour union or a workers’ representative;
(f) an employee’s refusal or proposed refusal to join or withdraw from a labour union;
(g) an employee’s race, colour, sex, religion, political opinion or affiliation, national extraction, nationality, social origin marital status, HIV status or disability;
(h) an employee’s initiation or proposed initiation of a complaint or other legal proceedings against his or her employer, except where the conduct is, in the opinion of the labour officer, wholly irresponsible and without foundation; and
(i) an employee’s temporary absence from work for any period up to three months on reliable grounds, including illness or injury.