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Answer

To justify any dismissal for serious misconduct, you need to satisfy yourself that:

  • the employee's misconduct actually happened
  • the employee has had an opportunity to respond to the allegations
  • you've acted consistently, treating all employees the same. For example, if you give one employee a warning for drinking on the job but then fire a different employee for a similar offense, the second employee would be able to claim that you unjustifiably dismissed them
  • that the offense is serious enough to warrant dismissal

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