Health and Safety Law 2024 (October 2024)
In relation to dismissal, the legislation states that a dismissal is unfair if the reason or main reason for it is that “in circumstances of danger which the employee reasonably believed to be serious and imminent and which [they] could not reasonably have been expected to avert, [they] left (or proposed to leave) or (while the danger persisted) refused to return to [their] place of work or any dangerous part of his place of work“ (Section 100 (1) (d) ERA 1996).
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