SECTION 130

(1) An employer or his representative proposing to terminate the appointment of a staff representative, whether permanent of substitute, shall be bound to seek and obtain the prior authorization of the local Labour Inspector. (2) The Labour Inspector shall, after hearing both parties, ensure that the propose determination is not motivated by acts carried out by the staff representative while performing his duties. (3) Any dismissal made in violation of the foregoing provisions shall be null and void. (4) However, in cases of serious misconduct, the employer may temporarily suspend the staff representative, pending the decision of the Labour Inspector. If the authorization is not granted, the staff representative shall be reinstated with full pay for the period of the suspension. (5) The Labour Inspector shall make his decision known within a time limit of 1 (one) month, after which the authorization shall be taken for granted unless the Labour Inspector has notified the employer that an additional month is necessary for him to complete his enquiry. (6) The above provisions shall apply to : • (a) staff representatives who have been proposed for transfer elsewhere, thus making it impossible for them to perform their duties in their original establishment, unless the persons concerned have given their consent before the local Labour Inspector ; • (b) former staff representatives for a period of 6 (six) months flowing the expiry of their term of office ; • (c) candidates for the office of Staff Representative for a period of 6 (six) months following the date of filing of nomination papers. (7) Notwithstanding the authorization of the Labour Inspector to dismiss a Staff Representative, such Staff Representative reserves the right to bring the matter before the competent court in accordance with the procedure laid down in Section 139 of this law.