Any person who is determining whether a dismissal for misconduct is unfair should consider:
| (a) |
whether or not the employee contravened a rule or standard regulating conduct in, or of relevance to, the workplace; and |
| (b) |
if a rule or standard was contravened, whether or not— |
| (i) |
the rule was a valid or reasonable rule or standard |
| (ii) |
the employee was aware, or could reasonably be expected to have been aware, of the rule or standard |
| (iii) |
the rule or standard has been consistently applied by the employer; and |
| (iv) |
dismissal is an appropriate sanction for the contravention of the rule or standard. |
South African Council for Educators Act, 2000
