Comprehensive Guide to Unfair Dismissal:
No Reason/No Legitimate Reason
If a worker is dismissed for no reason/no legitimate reason, or without being informed of the reason, that dismissal may be unfair.
For the common law cause of action of wrongful dismissal, an employer doesn’t need to provide a reason for dismissing an employee, provided that the termination is done in accordance with the terms of the employment contract.
But for the statutory action of unfair dismissal, i.e. dismissal that is harsh, oppressive and not consistent with the principles and practices of good industrial relations, an employer must have a legitimate reason for dismissing a worker and, in carrying out the dismissal, the employer must have followed the proper procedure.
If the employer failed to do so, that dismissal may be unfair and the worker may be entitled to compensation, re-employment or reinstatement.
Download our latest Guide to learn more about what would (or wouldn’t) be a legitimate reason for dismissal.