Business – 2.1 HRM – Redundancy and dismissal | e-Consult
2.1 HRM – Redundancy and dismissal (1 questions)
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Answer:
- Fair dismissal meets statutory criteria – the employer must have a valid reason (e.g., capability, conduct, redundancy, statutory restriction, or some other substantial reason) and must follow a fair procedure.
- Unfair dismissal occurs when the employer fails to meet either the substantive reason test or the procedural fairness test.
- Example of fair dismissal: An employee repeatedly breaches health‑and‑safety rules despite warnings; after a formal disciplinary hearing, the employer dismisses them following proper procedure.
- Example of unfair dismissal: An employee is dismissed for alleged poor performance without any prior warnings, performance reviews, or opportunity to improve.