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