PART X NOTICE OF TERMINATION — Notice unnecessary

the employee has wilfully refused to obey a lawful instruction of the employer, or has committed misconduct or been so neglectful of duty that the interest of the employer is adversely affected, or has otherwise been in breach of a material condition of the contract of service that in the opinion of the director or the Labour Relations Board considering and deciding a complaint made under this Act warrants summary dismissal;

the employer pays to the employee wages equal to the normal wages covering the period of notice that the employer would otherwise be required to give under this Part;

the employee is laid off for a period not exceeding 1 week;

the employee is employed for a firm non-renewable term or for a specific task, where the term or task does not exceed 12 months and the employment is not terminated before the completion of the term or task;

the employee rejects an offer by the employer of reasonable alternative employment of a similar nature requiring similar skill, effort and ability that would enable the employee to earn during a similar number of working hours a total wage comparable to that earned by the employee for services rendered under the contract of service being terminated;

the employee has reached the age of retirement according to the established practice of the undertaking in which the employee is employed;

the employer is required to terminate the contract of service on account of

destruction of or major breakdown to plant machinery or equipment, or (ii) climatic or economic conditions that are beyond the foreseeable control of the employer and that necessitate declaration of redundancy; or

the contract of service between the employer and the employee has existed for less than 30 days.

For the purpose of paragraph (1)(b), "normal wages" includes the amount for overtime wages that might have been earned by the employee on the basis of the overtime practised in the period of 1 month before the employee’s termination of employment under the employee’s contract of service.