Confirmation of Dismissal Due to Statutory Bar Letter

Note – Statutory restriction or illegality is one of the potentially fair reasons for dismissal. However, in order to fairly dismiss for this reason, the employer must show that continued employment would in actual fact contravene statute.  Where this cannot be proven, but the employer has a reasonable belief that continued employment may be unlawful, the employer is advised to dismiss for “Some Other Substantial Reason” instead.  Legal advice should be sought.