{"issue_text":"Whether the Appeals Officer erred by upholding guilty finding in circumstances where respondent failed to prove case on balance of probabilities","issue_type":"mixed","dispositive":"yes","related_facts":"Disputed whether root cause analysis was conducted; technical nature of fault; involvement of other personnel"}
{"issue_text":"Whether the Appeals Officer erred by failing to consider the parity principle where other employees involved were not charged","issue_type":"law","dispositive":"no","related_facts":"Other employees worked with appellant on day in question; none were charged"}
{"issue_text":"Whether the penalty of dismissal was excessive","issue_type":"law","dispositive":"yes","related_facts":"Appellant's 17 years service; previous disciplinary record; personal circumstances"}
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background
Facts of the Case
Background
The appellant, an Electrical Foreman with 17 years service, was dismissed for gross incompetency after a motor replacement failed without root cause analysis, causing production losses. He was also charged with neglecting duty regarding generator overheating. The disciplinary authority found him guilty of gross incompetency under section 4(f) but not guilty of habitual neglect under section 4(g).
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