What must an employer prove to avoid a finding of unfair dismissal?

To avoid a finding of unfair dismissal, an employer must demonstrate that there is a fair reason for the dismissal and that reasonable procedures were followed in implementing it. Fair reasons for dismissal could include factors such as misconduct, capability, redundancy, statutory illegality, or another substantial reason.

In addition to the existence of a fair reason, employers are also required to follow a fair procedure when dismissing an employee. This may involve steps such as providing warnings, conducting a proper investigation, and giving the employee an opportunity to respond. These procedural safeguards ensure that the dismissal is not only justified in terms of substance but is also executed in a fair manner.

Other options do not fulfill the necessary criteria to prove avoidance of unfair dismissal. For instance, the mere agreement of the employee to the dismissal does not absolve the employer from the responsibility of proving fairness in reason and procedure. Similarly, demonstrating that other employees were not dismissed or that the company is undergoing restructuring does not automatically justify an individual dismissal unless it aligns with the fair reason and process requirements.