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Chapter 10
The five statutory fair reasons for dismissal
[ch 10: page 284]Section 98 ERA 96 lists five statutory fair reasons for dismissal. A dismissal for a reason outside these categories cannot be fair:
• capability or qualifications;
• conduct;
• redundancy;
• to comply with a legal duty or restriction; or
• some other substantial reason.
Compulsory retirement is no longer a fair reason for dismissal (see Chapter 6: Age discrimination).