Unfair dismissal - a legal guide for union reps (November 2014)

Chapter 4

Capability dismissals

[ch 4: page 31]

A dismissal for a reason relating to “the capability or qualifications of the employee for performing work of the kind which s/he was employed by the employer to do” can be fair (section 98 (2) ERA). “Capability” in the context of unfair dismissal can relate to both “performance management” and “ill health” dismissals.


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