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).