What must an employer demonstrate for a dismissal related to lack of capability?

For a dismissal related to lack of capability, an employer must demonstrate that the employee does not possess the necessary capability or qualifications to perform their job adequately. This is a critical factor in justifying such a dismissal, as it shows that the decision is based on the employee's performance and ability to meet job requirements, rather than other unrelated factors.

In situations where an employee is dismissed for lack of capability, an employer should ideally provide evidence that the employee has been unable to meet the established performance standards despite reasonable accommodations and support. This involves evaluating the employee's skills, experience, and overall ability to perform the essential functions of their job role.

Other elements such as employee misconduct or statutory restrictions pertain to different grounds for dismissal, while proper training, while important, is not the primary consideration in cases of capability. Proper training might be relevant to support an employee’s development but does not directly address the fundamental issue of whether the employee meets the required capabilities for their position.