Employers are encouraged to adopt clear rules of conduct that are known to all employees. Some rules may be so well established or obvious that everyone can be expected to know them, for example that violence at work is not acceptable.

Dismissals for misconduct will only be fair if:

• The employee broke a rule of conduct in the workplace
• The rule was reasonable and necessary
• The employee knew of the rule or should have known of the rule
• The employer applied the rule consistently (there are no other employees who have been allowed to get away with this misconduct)

• it is appropriate to dismiss the employee for this reason, rather than taking less serious disciplinary action or imposing a lesser penalty such as a final warning

Corrective or progressive discipline must be used for misconduct. The aim of corrective discipline is to correct the employee and help him or her overcome the problem. Progressive discipline can get stronger every time the employee repeats the misconduct.

Employees should not be dismissed for a first offence, unless it is very serious, such as gross insubordination or dishonesty, intentional damage to the employer’s property, putting others’ safety at risk, or physical assault of a co-employee.

Employees can be dismissed for misconduct if they go on strike without following the procedures. The employer should contact a trade union official and tell the official of the planned dismissals and try to give employees an ultimatum with enough time to consider the ultimatum.

Before deciding to dismiss the employee for misconduct, the employer must consider the following:

• The employee’s circumstances (for example length of service, previous disciplinary record, personal circumstances)
• The nature of the job
• The circumstances in which the misconduct took place