Was the dismissal reasonable?

Establishing a “fair reason” is only the first step to a fair dismissal. The employer’s next hurdle is to satisfy the ET that the dismissal was “reasonable”. The ET must consider all relevant facts, including the employer’s size and administrative resources (section 98(4), ERA 96) and factors personal to the employee, such as their disciplinary record or any apology. The employer must also show that they followed a fair procedure, or else they may turn what might have been a fair dismissal into an unfair one.