Section 92, The Employment Act, 2023

(1) An employer shall not dismiss an employee unless,having regard to all the circumstances, there were substantial grounds justifying the dismissal. (2) The dismissal of an employee shall be deemed to be unfair if it results wholly or mainly from- (a) an employee’s membership or proposed membership of a trade union; (b) an employee’s engagement in activities on behalf of a trade union or excepted body under a trade union, where the times at which he engages in such activities are outside his hours of work or are times during his hours of work in which he is permitted under his contract of employment between him and his employer, so to engage; Summary dismissal. Unfair dismissal 62 63 (c) an employee’s religious or political opinion; (d) civil proceedings whether actual, threatened or proposed against the employer to which the employee is or will be a party or in which the employee was or is likely to be a witness; (e) criminal proceedings against the employer, whether actual, threatened or proposed, in relation to which the employee has made, proposed or threatened to make a complaint or statement to the prosecuting authority or to any other authority connected with or involved in the prosecution of the proceedings or in which the employee was or is likely to be a witness; (f) an employee’s race, colour, age or sexual orientation; (g) an employee’s pregnancy or matters connected therewith, unless the employee was, by reason of the pregnancy or matters connected therewith, unable to – (i) adequately do the work for which she was employed; or (ii) continue to do such work without contravention by her or her employer of a provision of a statute or instrument made under statute; (h) an employer’s refusal, at the time of the dismissal, to offer an alternative employment - (i) where there was employment with her employer that was suitable for her and in relation to which there was a vacancy, or (ii) on terms and conditions corresponding to those of the employment to which the dismissal related, so as to enable her to be retained in the employment of her employer notwithstanding pregnancy. (i) dismissal of an employee due to redundancy where the circumstances constituting the redundancy applied equally to one or more other employees in similar employment with the same employer who have not been dismissed, and either because the selection of that employee for dismissal - (i) resulted wholly or mainly from one or more of the matters that would not be a ground justifying dismissal, or (ii) is in contravention of a procedure that has been agreed upon by or on behalf of the employer and by the employee or a trade union representing him or has been established by the custom and practice of the employment concerned, relating to redundancy and there were no special reasons justifying a departure from that procedure. (3) The dismissal of an employee shall not be deemed to be an unfair dismissal, if it results wholly or mainly from one or more of the following - (a) the capability assessed by reference to skill, aptitude, health or any other physical or mental quality competence or qualifications of the employee with reference to any degree, diploma or other academic, technical or professional qualification relevant to the position which he held and pertinent for performing work of the kind which he was employed by the employer to do; 64 65 (b) the conduct of the employee: Provided however, that the employer shall be obligated to show that it is fair to dismiss the employee; (c) the redundancy of the employee, and (d) the employee being unable to work or continue to work in the position which he held without contravention, by him or by his employer, of a duty or restriction imposed by or under any statute or instrument made under statute.