LRD guides and handbook June 2016

Law at Work 2016

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Chapter 10

The five statutory fair reasons for dismissal 


[ch 10: page 322]

Section 98, ERA 96 lists five statutory fair reasons for dismissal. 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 also Chapter 7: Age discrimination).



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