30Criteria applying to disputes relating to termination of employment

30 Criteria applying to disputes relating to termination of employment

[Section 30 Subsection (4) amended by No. 59 of 1992, s. 21 ]**[Section 30 Subsection (6) amended by No. 43 of 1991, s. 5 and Sched. 1 ][Section 30 Repealed by No. 18 of 1997, s. 15, Applied:28 Jun 1997]

(1)  [Section 30 Subsection (1) substituted by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] In this section –[Section 30 Subsection (1) amended by No. 74 of 2005, s. 5, Applied:15 Feb 2006]

[Section 30 Subsection (1) amended by No. 74 of 2005, s. 5, Applied:15 Feb 2006] continuing employment means employment that is of a continuing or indefinite nature or for which there is no expressed or implied end date to the contract of employment;

[Section 30 Subsection (1) amended by No. 74 of 2005, s. 5, Applied:15 Feb 2006] employee means a person who is or was engaged to work casual employment, part-time employment, full-time employment or probationary employment and includes a former employee;

relationship status means the status of being, or having been, in a personal relationship, within the meaning of the Relationships Act 2003 .

(2)  In considering an application in respect of termination of employment, the Commission must ensure that fair consideration is accorded to both the employer and employee concerned and that all of the circumstances of the case are fully taken into account.

(3)  The employment of an employee who has a reasonable expectation of continuing employment must not be terminated unless there is a valid reason for the termination connected with –

(a) the capacity, performance or conduct of the employee; or

(b) the operational requirements of the employer's business.

(4)  Without limitation, the following are not valid reasons for termination of employment: