Was there a ‘fair’ reason to dismiss the employee? Was dismissal appropriate under the circumstances?

The employer must have a proper and fair reason for dismissing the employee. A ‘fair’ reason can be one of these:

• Misconduct – the employee has done something seriously wrong and can be blamed for the misconduct. (See: Dismissal for Misconduct)
• Incapacity – this includes poor performance where the employee does not do the job properly, or the employee is unable to do the job due to illness or disability, or a lack of skills. (See: Dismissal for Incapacity)
• Retrenchment or redundancy – the employer is cutting down on staff or restructuring the work and work of a particular kind has changed. (See: Retrenchment or Redundancy Dismissal)