Section 12Part 1 — Introductory
Statement upon termination
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Where an employer has, subsequent to the expiration of an employee's probation period, terminated the employee's employment the employer shall, upon a request being made by the employee at any time within fourteen days after the termination of that person's employment, furnish within fourteen days to the said employee a written statement of the reason for the action, and if the employee so requests send a copy thereof to the Director.
In all cases of termination of a contract of employment the employer shall, upon a request made by the employee concerned at any time within one year of the expiry of the period specified in the notice, furnish within fourteen days of such request a certificate specifying the dates of that person's engagement and termination and the type of work on which that person was employed.
An employer who furnishes a statement or certificate under subsection (1) or (2) shall be conclusively bound by the contents thereof in any proceeding under this Act concerning the fairness of the dismissal or the employer's liability for severance pay.
An employer who fails to furnish either a statement or certificate under subsection (1) or (2) shall be prohibited from introducing evidence as to any facts which might have been recited in the said statement or certificate in any proceedings under this Act concerning the fairness of the dismissal or the employer's liability for severance pay.
An employer who fails to furnish either a statement or certificate under subsection (1) or (2) commits an offence.
For the avoidance of doubt, the duty to furnish a statement or certificate pursuant to subsection (1) or (2) is discharged on the first occasion an employer furnishes such a statement or certificate.