Section 87, The Employment Act, 2023

(1) A termination of a worker’s employment is fair if thecontract of employment is terminated by the employer on any of the following grounds- (a) that a worker is incompetent in relation to the work for which the worker is employed; (b) the proven misconduct of a worker; (c) redundancy under section 82; (d) due to legal restriction imposed on a worker prohibiting the worker from performing the work for which he is employed. (2) In deciding whether an employer has shown that he acted in accordance with justice and equity and to establish a potentially fair reason for termination, regard shall be had to the following - (a) the provisions of the Code of Practice on Discipline set out in the Schedule; (b) the procedures adopted by an employer in reaching the decision to terminate, (c) communicating the decision to a worker, and dealing with an appeal against the decision; (d) the conduct and capability of a worker up to the date of termination; (e) the extent to which an employer has complied with any statutory requirement connected with the termination, including the issuing of a certificate of service under section 67; (f) the extent to which an employer consistently applied the reason for termination to other workers in the past or as between 2 or more workers who participated in the misconduct or showed similar lack of capability to that under consideration.