615 Substantive fairness

Description

NOTE; THIS IS THE ARTICLE ON WHICH THE COURSE IS/WILL BE BASED

615P The elements of  substantive fairness

Context: This article discusses some of the elements of substantive fairness in the context of misconduct.   Content: The article discusses what is meant by misconduct, and looks at the provisions of item 7 of the Code of Good Practice: Dismissals. Most of the elements of substantive fairness are then explained.

Table of Contents

1. Introduction
2. What is misconduct?
3. Item 7 of the Code of Good Practice: Dismissals
4. Is there a rule or standard?
5. Was the employee aware of the rule or standard, or could the employee reasonably be expected to be aware of the rule or standard?
6. Did the employee contravene a rule or standard?
7. Was the misconduct relevant to the workplace?
8. Was the rule or standard valid and reasonable?
9. Conclusion