LRD guides and handbook November 2014

Unfair dismissal - a legal guide for union reps

Chapter 4

Some other substantial reason

[ch 4: page 46]

It is fair to dismiss for “some other substantial reason” under section 98(1)(b) of the ERA. This very general term is not defined in the legislation, except that the reason must be “of a kind such as to justify the dismissal of an employee holding the position which the employee held”. Pages 46 to 50 look at some of the sub-categories of reason for dismissal that have developed under this heading.