Section 103A — Employment Relations Act 2000: Test of justification

103A Test of justification For the purposes of section 103(1)(a) and (b) , the question of whether a dismissal or an action was justifiable must be determined, on an objective basis, by considering whether the employer's actions, and how the employer acted, were what a fair and reasonable employer would have done in all the circumstances at the time the dismissal or action occurred Section 103A was inserted, as from 1 December 2004, by section 38 Employment Relations Amendment Act (No 2) 2004 (2004 No 86). See section 73 of that Act for the transitional provisions.