Every employer shall keep such records as are necessary to show whether or not the provisions of this Ordinance or any Ordinance relating to employment are being complied with as respect his employees and the records shall be retained by the employer for three years.

Orders, decisions and awards of the Labour Tribunal shall be enforceable in the Supreme Court as though they were orders or judgements of that Court.

An appeal shall lie to the Court of Appeal on a question of law arising from any decision of or in proceedings before the Labour Tribunal under this Ordinance.

Decisions of the Labour Tribunal under this Ordinance shall be final and except on a question of law shall not be enquired into by any court.

An aggrieved party shall have the right to attend before the Labour Tribunal and to be represented.

Subject to subsection (2) of this section there shall be kept posted at the principal entrances of a work place at which employee enter –

A copy of this Ordinance and Regulations made thereunder.

A copy of the National Insurance Ordinance and Regulations made thereunder.

A copy of any Ordinance dealing with employment, working environment and occupational health and safety enacted from time to time in the Islands.

Attorney General’s Office.

If any person knowingly makes causes to be made or knowingly allows to be made, any entry in a record required by this Ordinance to be kept by employers which this Ordinance, knowingly produces or furnishes or causes or knowingly allows to be produced or furnished any record, list or information which he knows to be false in a material particular commits an offence and is liable on summary conviction to a fine of $25,000.00 or to a term of imprisonment of 6 months or both fine and imprisonment.

In determining for the purpose of this Part whether the dismissal of an employee was fair or unfair, it shall be for the employer to show:

1. What was the reason or if there was more than one the principal reason for the dismissal and
2. That it was a reason falling within subsection (2) or some other substantial reason of a kind such as to justify the dismissal of an employee holding the position which that employee held.

(2) Subsection (1)(b) the reference to a reason falling within this subsection is a reference to a reason which

1. Related to the capability or qualifications of the employee for performing work of the kind which he was employed by the employer to do.
2. Related to conduct of the employee.
3. Was that the employee was redundant or
4. Was that the employee could not continue to work in the position which he held without contravention either on his part or on that of his employers of a duty or restriction imposed by or under any Ordinance.

(3) Where the employer has fulfilled the requirements of subsection (1) then subject to section 13 and 70 to 77 the determination of the question whether the dismissal was fair or unfair having regard to the reasons shown by the employer shall depend on whether in the circumstances including the size and administrative resources of the employer undertaking the employer acted reasonably or unreasonably in treating it as a sufficient reason for dismissing the employee and that question shall be determined in accordance with equity and the substantial merits of the case.

(4) In this section in relation to an employee:

1. Capability means capability assessed by reference to skill, aptitude, health or any other physical or mental quality.
2. Qualifications means any certificate, degree, diploma or other academic, technical or professional qualification relevant to the position which the employee held.

Continuous employment shall begin as and from the day on which an employee begins to work for an employer and shall end on the effective date termination unless a Tribunal orders to the contrary.

It shall be presumed unless the contrary is shown that the employment of an employee with an employer is continuous whether or not the employee remains in the same job.

And employee’s continuous employment shall not be treated as interrupted if the employee is absent from work –

1. Because of annual leave, maternity leave or sick leave or any other leave in accordance with this Ordinance or a contract or any other law
2. Because of his suspension with or without pay in accordance with this Ordinance any other law or a contract.
3. Because of the termination of his employment in accordance with this Ordinance or under a contract so long as reinstatement or reengagement takes place or is made effective not later than six months beginning with the day after the date of termination.
4. Because of having been temporarily laid off by the employer.
5. Because of an inability to work on account of an occupational disease or accident.
6. Because of a lockout.
7. In accordance with the agreement of his employer.

Periods of time elapsing in the circumstance referred to in subsection (3) shall count for the purpose of calculating the continuous period of employment. Any probationary period and any period of time elapsing between the end of a probationary period and the commencement of another contract of employment described in section 3 (2) with the same or associated employer shall count for the purpose of calculating the continuous period of employment.

A period during which an employee is absent from work because of his or her participation in a lawful strike shall not interrupt the continuity of employment but shall not count for the purpose of calculating length of continuous employment.

Periods of short term contracts granted in succession with less than thirty day intervals shall count for the purpose of calculating the continuous period. Acceptance of redundancy benefit by an employee shall terminate the continuous period of employment.