Was the dismissal reasonable?


Establishing a “fair reason” is only the first step to a fair dismissal. The employer’s next hurdle is to satisfy the tribunal that the dismissal was “reasonable”. The tribunal must consider all relevant facts to decide whether the employer acted fairly in dismissing the employee for that reason, including, in particular, the employer’s size and administrative resources (section 98(4), ERA 96) and factors personal to the employee, such as their previous disciplinary record, or any apology. The employer must also show that they followed a fair procedure, or else they may turn what might have been a fair dismissal into an unfair one.