Under employment protection legislation, who must prove the dismissal was fair?

In the context of employment protection legislation, it is the employer's responsibility to demonstrate that a dismissal was fair. This principle is grounded in the idea that employees are afforded certain protections against unfair treatment in the workplace. If an employer terminates an employee, the onus is on them to provide evidence that the dismissal aligns with legal standards and was justified based on factors such as misconduct, poor performance, or redundancy.

This requirement ensures that employees are not wrongfully dismissed without cause. It also promotes accountability within organizations, compelling employers to adhere to fair practices when ending an employment relationship.

The options that suggest only the employee, both parties, or neither party holding the burden of proof misinterpret the established legal framework. Employment law typically centers on protecting the rights of employees, which is why the emphasis is placed on the employer's need to substantiate their reasons for dismissal in the event of a dispute.