Schedule 8: Code of Good Practice: Dismissal
7. Guidelines in cases of dismissal for misconduct

Any person who is determining whether a dismissal for misconduct is unfair should consider-

1. whether or not the employee contravened a rule or standard regulating conduct in, or of relevance to, the workplace; and

2. if a rule or standard was contravened, whether or not-

1. the rule was a valid or reasonable rule or standard;

2. the employee was aware, or could reasonably be expected to have been aware, of the rule or standard;

3. the rule or standard has been consistently applied by the employer; and

4. dismissal was an appropriate sanction for the contravention of the rule or standard.