- Was a company rule, or policy, or behavioural standard broken ?
- If so, was the employee aware of the transgressed rule, standard or policy or could the employee be reasonably expected to have been aware of it?
- Has this rule been consistently applied by the employer?
- Is dismissal an appropriate sanction for this transgression?
- In other cases of transgression of the same rule, what sanction was applied?
- Take the accused’s personal circumstances into consideration.
- Consider also the circumstances surrounding the breach of the rule.
- Consider the nature of the job.
- Would the sanction now to be imposed be consistent with previous similar cases?
Substantive Fairness – Incapacity – Poor Work Performance.
Examples : incompetence – lack of skill or knowledge ; insufficiently qualified or experienced. incompatibility – bad attitude ; carelessness ; doesn’t “fit in.” inaccuracies – incomplete work ; poor social skills ; failure to comply with or failure to reach reasonable and attainable standards of quality and output.