Section 12Part 2 — Basic Terms of Employment
Reasons and certificates of termination
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Where, subsequent to the expiration of an employee's probation period the employer has terminated the employee's employment, the employee may, within fourteen days of termination, request the employer to furnish him with a statement of the reasons for termination and the employer shall, if the employee so requests, also furnish a copy of the statement to the Director.
Where a contract of employment is terminated after confirmation in employment and the employee so requests within one year of being notified of the termination, the employer shall, within fourteen days of the request, furnish the employee with a certificate specifying the dates of engagement and termination as well as the type of work the employee was employed to perform.
In proceedings relating to the fairness of a dismissal or of any other proceedings directly or indirectly relating to the contract of employment, the contents of any statement issued under subsection (1) or (2) bind the employer unless it is shown that the contents were falsified by fraud, mistake or misrepresentation.
An employer who, after being requested, fails or neglects to furnish a statement or certificate under subsection (1) or (2), as the case may be, shall not, in proceedings referred to in subsection (3), introduce evidence favourable to him as to facts which should have been recited in the statement or certificate.
For the avoidance of doubt, it is declared that the duty to furnish a statement or certificate under subsections (1) or (2) is discharged on the first occasion that the employer furnishes a statement or certificate that complies with either of those subsections.
An employer who fails or neglects to furnish a statement or certificate under subsection (1) or (2) is guilty of an offence.