What is some other substantial reason?
What is some other substantial reason?
Some other substantial reason (SOSR) is a broad term an employer may use to apply to a dismissal that does not neatly fit into one of the other justifications. There is no statutory definition of “substantial” but relevant authorities have confirmed that the reason must not be frivolous or insignificant.
What are the four major grounds for dismissal?
The “causes” that are grounds for dismissal run the gamut including: illegal activity such as stealing or revealing trade secrets, dishonesty, breaking company rules, harassing or disrupting other workers, insubordination, excessive unexcused absences, and poor job performance by some objective measure.
What is a valid reason for dismissal?
(1) A valid reason is one which is sound, defensible and well-founded, and not capricious, fanciful, spiteful or prejudiced.
What is loss of trust and confidence?
Loss of trust and confidence to be a valid cause for dismissal must be based on a willful breach of trust and founded on clearly established facts. The basis for the dismissal must be clearly and convincingly established but proof beyond reasonable doubt is not necessary.
When should SOSR be dismissed?
Substantial Reason For Dismissal Examples
- Client Relationship. One of the most common reasons for SOSR dismissal is that a client refuses to work with a particular employee.
- Business Reputation.
- Refusal To Accept Altered Contract Terms.
- Employee Conflict.
- Fixed Term Contract Expiry.
Can you get dismissed without a warning?
An employer can dismiss an employee without giving notice if it’s because of gross misconduct (when an employee has done something that’s very serious or has very serious effects). The employer must have followed a fair procedure.
What is substantive fairness?
Substantive fairness: Substantive fairness means that there is a just, fair and equitable reason for an employer to dismiss the employee. This is a subjective test.
What is classed as fair dismissal?
This is when you dismiss someone instantly without notice or pay in lieu of notice, usually because of gross misconduct (for example theft, fraud, violence). Tribunals may rule a summary dismissal as ‘procedurally unfair’ – you can only suspend someone without pay if their contract says you can do this.
What are the 5 potentially fair reasons for dismissal?
The 5 fair reasons for dismissal
- Conduct. In this case, an employee is being dismissed due to a reason related to their conduct.
- Capability or performance.
- Redundancy.
- Statutory illegality or breach of a statutory restriction.
- Some other substantial reason.
Can my employer sack me for no reason?
By law, you can usually dismiss an employee with less than two years of service without the need to demonstrate a fair reason for the dismissal and without the need to go through a fair disciplinary or dismissal procedure.
Can an employer dismiss you for no reason?
How do you prove substantive unfairness?
If the rule is found to be invalid (for example, because it is in contravention of the BCEA) or unreasonable (for example, because it lacks any form of economic rationale), a dismissal for infringing it will be substantively unfair.
How do you prove substantive fairness?
For substantive fairness of a dismissal for operational requirements, the employer must prove that the said reason is one based on operational requirements of the business. The employer must be able to prove that the reason for the dismissal falls within the statutory definition of operational requirements.
What is an example of unfair dismissal?
incapacity (the worker does not do the job properly, or the worker is unable to do the job due to illness or disability) retrenchment or redundancy (the employer is cutting down on staff or restructuring the work and work of a particular kind has changed)
What are the automatically unfair reasons for dismissal?
Automatically unfair reasons
- making a flexible working request.
- being pregnant or on maternity leave.
- wanting to take family leave, for example parental, paternity or adoption leave.
- being a trade union member or representative.
Can I be dismissed for no reason?
What is substantive fairness of dismissal?
What is an ‘other substantial reason for dismissal’?
Dismissals where the employer relies on ‘some other substantial reason’ as the potentially fair reason for dismissal are less common than for redundancy, capability and conduct, but they are not infrequent.
What is the law on dismissal from employment?
Dismissing someone from employment must be fair and carried out for appropriate reasons as highlighted in the Employment Rights Act 1996 (ERA 1996).
Can SOSR be a possible reason for dismissal?
Harper (Appellant) v National Coal Board (Respondents) [1980] provides a good rule of thumb when considering SOSR as a possible reason for dismissal:
What should tribunals look at when considering reasonable dismissal?
The case of Catamaran Cruisers Ltd (Appellants) v Williams and others (Respondents) [1994] stated that tribunals should look at benefits to the employers, and at the advantages and disadvantages to the employee of contractual changes, when considering if the dismissal was reasonable.
