Dismissal by employer. [cf. 1965 c. 62. s. 3.1

Lay-off.

[cf. 1965 c. 62. s. 5(1).]

5

(a) before the expiration of notice given to him by the employer in accordance with section 5 without the prior consent of the employer;

or

(b) without having made a payment in lieu to the employer in accordance with section 6.

20E. (1) For the purposes of and subject to this Part, an employee shall be taken to be dismissed by his employer if, but only if—

(a) the contract under which he is employed is terminated by the employer with or without notice or payment in lieu thereof other than in accordance with section 8;

(b)

where under that contract he is employed for a fixed term, that term expires without being renewed under the same contract; or (c) the employee, being so entitled by reason of the employer's conduct, terminates that contract without notice or payment in lieu in accordance with section 9.

(2) An employee shall not be taken for the pur- poses of this Part to be dismissed by his employer if— (a) his contract of employment is renewed, or he is re-engaged by the same employer under a new contract of employment; and (b) the renewal or re-engagement takes effect immediately on the ending of his employ- ment under the previous contract.

(3) For the purposes of the application of sub- section (2) to a contract under which the employment ends on a rest day or holiday, the renewal or re-engagement shall be treated as taking effect immediately on the ending of the employment under the previous contract if it takes effect on or before the next day after that rest day or holiday.

20F. (1) Where an employee is employed under a contract on such terms and conditions that his

remuneration thereunder depends on his being provided by the employer with work of the kind he is employed to do, he shall for the purposes of sub- section (1) of section 20C be taken to be laid off where

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