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It’s all about the process
You can dismiss people, as long as you follow a fair and reasonable procedure. You might have a valid reason, but if the way you do it is unfair, you risk a claim for unfair dismissal.

Reasons for fair dismissal:

  • Poor conduct
  • Poor performance/capability
  • Redundancy
  • The law does not allow the employee to do that job
  • A substantial reason such as end of contract or refusal to agree to new terms of employment
   
 HIGH RISK LEVEL: Employers routinely skip a fair Performance Review importance high1
   

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