sec.121What employer must do to dismiss employee

### sec.121 What employer must do to dismiss employee An employer may dismiss an employee only if— the employee has been— given the period of notice required by section 123 ; or paid the compensation required by section 124 ; or the employee engages in misconduct of a type that would make it unreasonable to require the employer to continue the employment during the period of notice. For subsection (1) (b) , misconduct includes the following— theft; assault; sexual harassment or sex or gender based-harassment; fraud; other misconduct prescribed by regulation. However, subsection (1) (b) does not apply if the employee can show that, in the circumstances, the conduct was not conduct that made it unreasonable to continue the employment during the period of notice. s 121 amd 2022 No. 27 s 25 (sec.121-ssec.1) An employer may dismiss an employee only if— the employee has been— given the period of notice required by section 123 ; or paid the compensation required by section 124 ; or the employee engages in misconduct of a type that would make it unreasonable to require the employer to continue the employment during the period of notice. (sec.121-ssec.2) For subsection (1) (b) , misconduct includes the following— theft; assault; sexual harassment or sex or gender based-harassment; fraud; other misconduct prescribed by regulation. (sec.121-ssec.3) However, subsection (1) (b) does not apply if the employee can show that, in the circumstances, the conduct was not conduct that made it unreasonable to continue the employment during the period of notice. - (a) the employee has been— (i) given the period of notice required by section 123 ; or (ii) paid the compensation required by section 124 ; or - (i) given the period of notice required by section 123 ; or - (ii) paid the compensation required by section 124 ; or - (b) the employee engages in misconduct of a type that would make it unreasonable to require the employer to continue the employment during the period of notice. - (i) given the period of notice required by section 123 ; or - (ii) paid the compensation required by section 124 ; or - (a) theft; - (b) assault; - (c) sexual harassment or sex or gender based-harassment; - (d) fraud; - (e) other misconduct prescribed by regulation.