Dismissal due to misconduct is wrongful if:
- The employer did not conduct an inquiry .
- The employer is unable to substantiate the case.
Misconduct includes but is not limited to theft, dishonest or disorderly conduct at work, insubordination, and bringing the organisation into disrepute.
A was employed as a preschool teacher. He hit a student. An inquiry was done which established this fact. The employer dismissed A on the ground of misconduct, as hitting a student fell short of the conduct expected of a teacher towards his students.
This dismissal was due to misconduct, and was not wrongful as it was based on the following: