§ 84A — Right to benefit unaffected by notice of dismissal given on ground of redundancy or by reason of reorganisation of employer’s profession, business, trade or work

84A.—(1) Without affecting sections 81 and 84, a notice of dismissal given to a female employee by her employer on the ground of redundancy or by reason of any reorganisation of her employer’s profession, business, trade or work —(a)

if given before 1 May 2013, is given —(i)

within a period of 3 months preceding the estimated delivery date for her confinement (as certified by a medical practitioner); or

(ii)

within a period of 3 months preceding the date of her confinement;

(b)

if given on or after 1 May 2013, is given at any time of her pregnancy (as certified by a medical practitioner before the notice of dismissal is given), where the female employee has served the employer for a period of 3 months or more immediately preceding the day the notice is given; or

(c)

if given on or after 1 May 2013 but before 1 August 2013 and where the female employee has served the employer for a period of less than 3 months, is given —(i)

within a period of 3 months preceding the estimated delivery date for her confinement (as certified by a medical practitioner); or

(ii)

within a period of 3 months preceding the date of her confinement,

does not have the effect of depriving her of any payment to which, but for that notice, she would have been entitled or would, on or before the date of her confinement, have become entitled to under this Part.

[12/2013]

(2) In any case where there are 2 or more estimated delivery dates (each certified by a medical practitioner) for the confinement of a female employee, the estimated delivery date that is relevant for the purposes of subsection (1) is the estimated delivery date —(a)

which is certified by a medical practitioner before the notice of dismissal is given by her employer; and

(b)

the date of such certification of which is closest to the date the notice of dismissal is given.

(3) The payment referred to in subsection (1) is in addition to any retrenchment benefit or other payment to which the female employee is entitled under the terms of her contract of service or under any other written law.

—(1) Without affecting sections 81 and 84, a notice of dismissal given to a female employee by her employer on the ground of redundancy or by reason of any reorganisation of her employer’s profession, business, trade or work —(a)

if given before 1 May 2013, is given —(i)

within a period of 3 months preceding the estimated delivery date for her confinement (as certified by a medical practitioner); or

(ii)

within a period of 3 months preceding the date of her confinement;

(b)

if given on or after 1 May 2013, is given at any time of her pregnancy (as certified by a medical practitioner before the notice of dismissal is given), where the female employee has served the employer for a period of 3 months or more immediately preceding the day the notice is given; or

(c)

if given on or after 1 May 2013 but before 1 August 2013 and where the female employee has served the employer for a period of less than 3 months, is given —(i)

within a period of 3 months preceding the estimated delivery date for her confinement (as certified by a medical practitioner); or

(ii)

within a period of 3 months preceding the date of her confinement,

does not have the effect of depriving her of any payment to which, but for that notice, she would have been entitled or would, on or before the date of her confinement, have become entitled to under this Part.

[12/2013]

(2) In any case where there are 2 or more estimated delivery dates (each certified by a medical practitioner) for the confinement of a female employee, the estimated delivery date that is relevant for the purposes of subsection (1) is the estimated delivery date —(a)

which is certified by a medical practitioner before the notice of dismissal is given by her employer; and

(b)

the date of such certification of which is closest to the date the notice of dismissal is given.

(3) The payment referred to in subsection (1) is in addition to any retrenchment benefit or other payment to which the female employee is entitled under the terms of her contract of service or under any other written law.