i-law

Litigation Letter

What is ‘Unfair’ Dismissal?

Haddon v Van den Bergh ([1999] 43 SLG 300)

The correct test for unfair dismissal is no longer whether it was reasonable for the employer to dismiss the employee. The test of reasonableness should now be for the members of the ET to ask what they would have done had they been in the employer’s shoes, taking their own views of the appropriate sanction as the standard of reasonableness.

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