Did your employer have a fair reason to dismiss you?

MISCONDUCT - Fair reasons?

Dismissal for misconduct will only be fair if:

  • you broke a rule of conduct in the workplace
  • the rule was reasonable and necessary
  • you knew the rule or should have known the rule
  • the employer applied the rule consistently to all employees
  • it was appropriate to dismiss you for this reason, rather than taking less serious disciplinary action like a final warning.

INCAPACITY - Fair reasons?

Dismissal for incapacity may only be fair if it is for:

  • poor work performance
  • physical disability or ill health
  • being unsuitable or unable to continue in the position

But there are other things to consider, such as:

  • did you know and understand what standard was expected of you
  • were you given a fair chance to meet the required standard
  • was dismissal the appropriate outcome for failing to meet the standard
  • was the incapacity serious and was there a likelihood of improvement
  • could you be accommodated in an alternative position