s.51Dismissal for good cause
51
Section 51Part 7 — Unfair Dismissal

Dismissal for good cause

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Subject to subsections (2) and (3), a dismissal shall not be unfair if the reason assigned by the employer for it is —
misconduct of the employee within section 52(1);
that it is under section 52(3), namely misconduct following the receipt of a written warning;
that it is under section 53(2), namely failure of the employee to perform that person's duties in a satisfactory manner following the receipt of a written warning;
that the employee was redundant;
that the employee could not continue to work in the position that person held without contravention (on that person's or on the employer's part) of a requirement of this or any other law; or
some other substantial reason of a kind which would entitle a reasonable employer to dismiss an employee holding the position which the employee held,
and under the circumstances the employer acted reasonably.
Where the reason for the dismissal of an employee was that that person was redundant but it is shown that the circumstances constituting the redundancy applied equally to one or more other employees in the same undertaking, who were employed to perform work of the kind that person was employed to do and who have not been dismissed by the employer, and —
that those other employees do not hold the same status as the redundant employee for the purposes of Parts III to V of the repealed Immigration Law (2015 Revision) (Caymanian status, permanent residence and work permits); and
that the redundant employee was selected for dismissal in contravention of a customary arrangement or agreed procedure relating to redundancy and there were no special reasons justifying a departure from that arrangement or procedure in that person's case,
then, for the purposes of this Part, the dismissal shall be regarded as unfair.
The question whether an employer has acted reasonably for the purposes of this Part shall be determined in accordance with equity and the substantial merits of the case having regard to all the circumstances.

Defined Terms

redundancymisconductreasonable employer

Cross References

Referenced By