Dismissal for personal reasons: when is it objectively justified?

A dismissal for personal reasons must be based on objective reasons (previously referred to as objective grounds) under Section 7 of LAS. The circumstances to be taken into account are set out, among other provisions, in Section 7a of LAS.

Depending on the issues raised by the employer and the other circumstances, it can often matter whether the employer has clearly explained the shortcomings and given you an opportunity to correct them, for example through a reprimand or warning. Each situation requires an individual assessment. Read more about what it means if you have been dismissed without a prior warning.

The employer must also have considered whether it is reasonable to offer you other work with the employer instead of dismissing you.

The employer bears the burden of proving that objective reasons exist. If you are dismissed for personal reasons, it is advisable to have someone with employment-law expertise review the dismissal promptly, because the time limits under LAS are short. If you have instead been urged to resign, read about when a resignation may be treated as a dismissal by the employer.