645 Appropriate sanction

Description

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

645P Context: This article completes the discussion on the substantive fairness of a dismissal for misconduct.

 Content: The article explains one of the key aspects which chairpersons and arbitrators need to consider- whether dismissal is the appropriate sanction. The article argues that the factors which need to be considered before making the decision are those in the Code of Good Practice: Dismissals, each of which need to be considered

Table of Contents

1. Introduction
2. The chairperson’s decision
3. Whether the employee committed the offence for the first time
4. Is the misconduct serious?
5. Is a continued employment relationship intolerable as a result of the misconduct?
6. The employee’s circumstances
7. The employee’s length of service
8. The employee’s previous disciplinary record
9. The nature of the job and the circumstances of the infringement
10. The employee’s personal circumstances
11. The rule that each case must be judged on its merits
12. The consistency of the application of the rule
13. The arbitrator’s decision
14. The implications of Sidumo for arbitrations
15. The grounds of review of an arbitration award