The five fair reasons for dismissal

Section 98 ERA specifies that a dismissal will only be fair if it is for one of the following reasons:

• the employee’s capability or qualifications;

• the employee’s conduct;

• redundancy;

• to comply with a legal duty or restriction; or

• for “some other substantial reason”.

What is meant by these categories of fair dismissal is explained on pages 31 to 49.

Employers also need to show that they followed a fair procedure. Failing to follow a procedure can make what would otherwise have been a fair dismissal into an unfair one. How these procedures should operate is explained on pages 29 to 31.