Minimum Requirements for a Dismissal to be Fair

The employer must have a valid reason for dismissing an employee and the reason for the dismissal should be ‘sound, defensible and well founded’.

Should an unfair dismissal claim be lodged, the Commission must ascertain whether there was a valid reason for the dismissal which related to the employee’s capacity to perform their role or their conduct in the workplace. Where the dismissal relates to conduct, the Commission must make a finding on the evidence that is provided, whether on the balance of probabilities, the conduct occurred.

To ensure procedural fairness is practiced, the employee should be notified of a valid reason for the termination before any definite decision has been made to terminate their employment and this should be done in plain and easy to understand language. This will allow the employee the opportunity to respond to the reason identified, which will ensure the employee has been treated fairly throughout the process.