LRD guides and handbook May 2015

Law at Work 2015

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).