Industrial Law Cases

Abstract

In February and March 1979 the Arbitration Court delivered some six decisions (which are briefly noted) concerning the personal grievance procedure, the exercise of the discretion to allow an individual leave to proceed to the Court where the Union has decided not to proceed and the grounds for dismissal of a worker. Taken together the cases re-emphasize that misconduct signifies behaviour inconsistent with the due and faithful discharge of the servants' duties under the contract of employment. The degree of inconsistency is the decisive factor and there is no fixed rule of law defining the degree of misconduct justifying summary dismissal or dismissal on notice. The sufficiency of justification varies with the proven misconduct, the nature of the business and the position held by the employee.