QUESTION 3

(a) The remedies available for an employee who suffers dismissal

 Is to make an order for reinstatement
 Is to make an order for reengagement
 Is to make an order for compensation

(b) The concept of valid reason for dismissal and fair procedure

Willful refusal to obey lawful instructions;

- Serious or persistent negligence;
- Breach of duty of good faith;
Misconduct (immorality, drunkenness, sexual harassment, violence etc)
In this reason an employee is being dismissed due to reason related to their conduct. There
should be vividly what constitutes misconduct within the policy documentation and company
guidelines. Among the examples of misconduct are bullying, harassment, insubordination and
unexplained absence (a form absenteeism).
Capability or Performance
An employee may be fairly dismissed for a reason related to their qualifications or rather
capabilities. It is important to also note that of course there are more positive ways to address
issues of work performance before taking a formal disciplinary route.
Redundancy
This maybe another fair reason for an employer may need to dismiss an employee that is when
a suitable job is not otherwise available. It is important to note that the selection process for
redundancy needs to fair and clearly signposted from the beginning, otherwise a redundant
party can still file for unfair dismissal.
Statutory illegality or breach of a statutory restriction
Some other substantial reason
In reality, there are a number of fair reasons for