Determining a fair sanction for misconduct.
This paper focuses on determining a fair sanction for misconduct. This will be considered within the context of our common law and legislative provisions. Emphasis will be placed on the requirements for determining a fair sanction for misconduct and the assessment mechanisms that commissioners utilise in adjudicating the fairness of the sanctions imposed by employers. In determining a fair sanction for misconduct an analysis will be made of all the relevant factors that need to be taken into consideration when making a determination in respect to sanction. This paper will also consider two specific examples of misconduct, namely dishonesty and negligence, and the sanctions that the courts deem most appropriate for such workplace misconduct. This paper will then consider factors relating to dismissal disputes and finish off with concluding remarks.