(d) any deductions; and (e) the net amount received by the employee. (6) No deduction or set-off of any description shall be made from meration except(a) where an employce is abacnt from 'a~ork on days other than industrial holidays or days of leave to which he is entitled, the proportionate amount of his remuneration only for the period of such absence; ( b) amounts which an employer is compelled by law or legal proc-ess to pay on behalf of an employee; (c) where an employee has received an advance of remuneration due, the amount of such advance, up to an amount not exceed-ing twenty-five per cer2rurrr of the gross remuneration owed; (d) by written stop-order for contributions to insurance policies, pension funds, medical aid societies, building societies, buria) societies and registered trade unions; by written consent of an employee, ~ payment of money lent by the employer on terms that ha° ~n mutually agreed to between the parties concerned; (f) an amount recovered for payments made in error. (7) The aggregate amount of permissible deductions that may be made from the remuneration of any empioyee in any pay interval shalt not exceed twenty-tive per cenrom of the employee's gross ~w~.·~,uneratic,n for that intetval: Provided that upon termination of an employee's sermce, ~tn employer may deduct from the totat remuneration due to the employee an amount equal to any balance which may be ciuc Ir, rhe emnlwer in terms of para~~raph (a), (c), (e) or (f). 25 f: 10 page 11 (vii) gross incompetence or inefficiency in the performance of his work; (viii) ,lack of a skill which the employee expressly nr impliedly held himself out to possess. (3) An employee is deemed to have been unfairly dismissed(a) if the employee terminated the contract of employment with or without notice because the employer de1 iberately made continued employment intolerable for the employee; (b) if, on termination of an employment contract of fixed duration, the employee(i) had a legitimate expectation of being re-engaged; and (ii) another person was engaged instead of the employee. (2) .An employee is unfairly dismissed(a) if, subject to subsection (3), the employer fails to show that he dismissed the employee otherwise than in terms of an employ-ment code; or (b) if, in the absence of an employment code, the employer fails to show that, when dismissing the employee, he had good cause to believe that the employee was guilty of(i) any act, conduct or omission inconsistent with the fulfil-ment of the express or implied conditions of his contract; (ii) wilful disob~dience m a lawful order given bY the employer; (iii) wilful and unla desir ~mpl erty; (iv) theft or fraud; (v) absence from work for a period of five or more wc ing days without leave for no reasonable cause; (vi) habitual and substantial neglect of his duties; ® LABOUR REL., ~ AMENDII~~~IT 128 Dismissal ~ ( I ) Every ettip oyee has the right not to be unfairly dismissed. (4) In any proceedings before a labour ofticer, designated agent or ihe Labour Court where the fairness of the dismissal of an employee is in issue, the adjudicating authority shall, in addition to considering the nature or gravity of any misconduct on the part of the dismissed employee, con-sider whether any mitigation of the misconduct avails to an extent that would have justified action other than dismissal, including the length of the employee's service, the employee's previous disciplinary record, the nature of the employment and any special personal circumstances of the employee. 12C Retrenchment ( 1 ) An employer who wishes to retrench t-rve or more employees within a period of six months shall(a) give written notice of his intention(i) to the works council established for the undertaking; ur (ii) if there is no works council established for the undertak-ing or if a majority of the employees concerned agree to such a coucse, to the employment council established for the undertaking or industry; or I1