An objective dismissal requires more than naming an economic, technical, organisational or production cause. The documents should explain what changed, how that change affects the role and why the measure follows from it.
- Evidence should show the cause and its connection to the affected position.
- The selection criteria and alternatives should withstand an external review.
- The letter, payment and formal steps should be prepared as one process.
Proving the cause
The evidence depends on the stated ground. Financial data, production figures, workload, systems, organisational charts, processes and business plans may be relevant.
Documents should cover the correct period and business perimeter. Selective data or unexplained inconsistencies can weaken an otherwise legitimate decision.
Connecting the cause and the role
It is not enough to show a general business difficulty or organisational change. The company should explain why the particular position is affected and how the proposed measure responds to the identified issue.
Where several employees perform comparable work, the selection rationale should be objective, documented and applied consistently, with protected circumstances considered separately.
The dismissal letter and formal steps
The letter should give the employee sufficient information to understand and, if appropriate, challenge the measure. A generic formula cannot replace a case-specific explanation.
Notice, compensation, delivery and employee-representation requirements should be coordinated. A formal error may change the legal assessment even where a genuine business reason exists.
Negotiation and later defence
The company should decide in advance what aspects can be negotiated and what business objective must be preserved. This makes settlement discussions more focused.
If challenged, the documentary evidence, decision process, letter and witness explanation should remain aligned. The defence is strongest when that consistency was built before notice.
General information. General information only. An objective dismissal requires individual review of the cause, documents, formal requirements and affected employee.