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