MISCONDUCT
1.2 The right to fair notice of the hearing
1.3 The right to fair suspension
1.4 The right to representation
1.5 The right to cross-examine and challenge evidence
1.6 The right to call witnesses
1.7 The right to an interpreter
1.8 The right to an independent chairperson
1.9 The right to lead evidence in mitigation of sanction
1.10 The right to be informed of the outcome
1.12 The intervention of the Labour Court
1.13 Disciplinary Codes & Procedures
1.14
Discipline and shop stewards
1.15
Pre-dismissal arbitration
1.16
Procedural fairness in disciplinary action less than dismissal
1.17
The use of lie detectors / polygraphs
2. Substantive Fairness
2.1.1 Is there a work related rule?
2.1.2 Is the rule valid or reasonable?
2.1.3 Did the employee have knowledge of the rule?
2.1.4 Has the employee breached that rule?
2.2 When is dismissal an appropriate sanction?
(2) Absence without leave / absenteeism
(3) Abusive and insulting conduct (including abusive language)
(7) Breach of fiduciary duties / private business activities
(11) Bribery (including acceptance of gifts)
(12) Bringing the employer into disrepute
(14) Conduct at a disciplinary hearing
(16) Criminal conduct / conviction / record
(24) Drinking on duty / drug use on duty
(25) E-mail and electronic media abuse
(26) Failure to disclose information
(27) Failure to report breach of company rules
(32) Insolence and insubordination
(39) Possession of dangerous weapons
(41) Refusal to obey instructions and insubordination
(42) Refusal to submit to search
(46) Sexual relationship at work
(52) Unauthorised possession of property