6. The Company uses the following checklist for substantive fairness when referring to Misconduct
- 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?
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