Whether or not a dismissal is fair or unfair, is determined by the procedure followed in accordance to Schedule 8 of the Labour Relations Act, under the Code of Good Practice: Dismissal. This Act emphasises three grounds on which a termination of employment might be fair. These are: the conduct of the employee, the capacity of the employee, and the operational requirements of the employer’s business. In order for the dismissal to not be automatically unfair, the employer has to prove that the termination of the contractual agreement was based on these grounds and the dismissal has not been in contravention to section 187 of the LRA.