Section 86, The Employment Act, 2023

(1) Where an employer contemplates termination of notless than 5% of its workers over a period of not more than 4 weeks for reasons of economic, technological, structural or force majeure, he shall- (a) consult the affected workers on measures to be taken and reason for termination; (b) provide the representatives, if any, of the union or unions to which a collective bargaining certificate has been issued with relevant information, in good time, including the reasons for the termination contemplated, the number and categories of workers likely to be affected and the period over which the termination is to be carried out; (c) give representatives an opportunity for negotiation on measures to be taken to avert minimise or mitigate the adverse effects of the terminations before any termination is undertaken; (d) notify the Commissioner in writing of the reasons for the terminations, the number and categories of workers likely to be affected and the period over which the termination is intended to be carried out. (2) For the purposes of paragraph (b) of subsection (1), “good time” shall be a period of at least 4 weeks before the first termination is to take effect, except where the employer can show that it is not reasonably practicable to comply with such a time limit. (3) A complaint may be referred to the High Court by the Commissioner that the employer has failed to comply with this section. (4) Where the High Court finds that a complaint is well founded, it shall grant an appropriate remedy. Payment in lieu of notice of Collective 56 57