Co-operatives Act, 2005 (Act No. 14 of 2005)SchedulesSchedule 1 : Special Provisions Relating to Certain Kinds of Co-operativesPart 2 : Worker Co-operatives4. Termination of membership |
(1) | Despite any other provisions of this Act, the constitution of a worker co-operative may give the board of directors the power to terminate the membership of a member if there is good reason to do so. |
(2) | Before terminating the membership of a member, the board of directors must give such member— |
(a) | notice that termination is contemplated; |
(b) | reasons for the proposed termination which, in the case of a member that has served a period of probation, must relate to the conduct or capacity of the member to carry out his or her duties, or to the operational requirements of the co-operative; and |
(c) | a right to be heard. |
(3) | A member whose membership is terminated by the board of directors has a right to appeal to a general meeting within the time limit set out in the constitution. |
(4) | A termination of the membership of a member by the board of directors is confirmed on appeal if the members, at a duly called general meeting, do not reverse the decision of the board of directors. |
(5) | If a general meeting is called to consider the appeal of a member whose membership is terminated and a quorum of members is not present, the decision of the board of directors is confirmed. |