A worker’s dismissal may be unfair if he was dismissed for alleged misbehaviour/misconduct and the employer failed to follow the proper disciplinary process.

 

The key components of a proper disciplinary process are:

i) whether the employer complied with natural justice and gave the worker a fair opportunity to be heard, 

ii) whether progressive discipline was applied, and 

iii) whether the punishment was reasonable, having regard to the unique circumstances of the worker’s case…

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