Any person who is deciding whether a sanction for misconduct is fair should consider—
| (1) |
whether the employee contravened a rule or standard regulating conduct in, or of relevance to, the workplace; |
| (2) |
if a rule or standard was contravened— |
| (a) |
whether the rule was a valid and reasonable rule or standard; |
| (b) |
whether the employee was aware, or could reasonably be expected to have been aware, of the rule or standard; |
| (c) |
the importance of the rule or standard in the workplace; |
| (d) |
the actual or potential harm or damage caused by the employee's contravention of the rule or standard; |
| (e) |
whether the rule or standard has been consistently applied by the employer; and |
| (f) |
whether dismissal is an appropriate sanction for the contravention of the rule or standard. |
Implementation of Geneva Conventions Act, 2012
