Section 89, The Employment Act, 2023

(1) In a claim arising out of termination it shall be for theemployer to prove the reasons for the termination, and if the employer fails to do so there shall be a conclusive presumption that the termination was unfair within the meaning of section 88. (2) The reason or reasons for termination are those matters which an employer at the time of termination genuinely believed to exist and which caused him to terminate a worker. (3) In deciding whether an employer has proven the reasons for the termination, the contents of a certificate of service referred to in section 67 informing the worker of the reasons for termination of employment shall be taken into account.