The five statutory fair reasons for dismissal
[ch 10: page 354]Section 98, ERA 96 lists five statutory “fair reasons” for dismissal:
• capability or qualifications;
• conduct;
• redundancy;
• to comply with a legal duty or restriction; or
• some other substantial reason.
It is for the employer to satisfy the tribunal as to the reason for the dismissal. A dismissal that is wholly or mainly for a reason outside these categories cannot be fair.
Compulsory retirement is no longer a fair reason for dismissal (see also Chapter 7: Age discrimination).