Procedural Fairness and Unjustfied Dismissal

Abstract

The decision of the Court of Appeal in The Auckland City Council v Hennessey (1982) has emphasised that a dismissal that is otherwise justified may be held to be unjustified if the procedures leading up to the dismissal were unfair or unjust. This paper examines the decision in Hennessey and discusses two aspects of procedural unfairness; the failure to follow an agreed procedure and the failure to allow the worker an opportunity to offer an explanation. This discussion places particular emphasis on developments since Hennessey.