Academic literature on the topic 'Test for dismissals for misconduct'

As police personnel carry out their mandates of enforcing the law, maintaining order, and serving the public, they are entrusted to "practice what they preach." They are expected to abide by the rules, laws, and ethical principles that apply to them as they hold private citizens to account for violations of laws. When the police do not live up to this standard by committing police misconduct, it can tarnish not just the individual officer, but the department and jurisdiction as well. Police misconduct is a concern for society as police misbehavior can result in negative outcomes, such as distrust by the citizenry, poor police-community relations, and litigation. Therefore, it is important for academics and police administrators to gain a better understanding of why police personnel engage in occupational deviance. A sizable literature has identified several individual, organizational, and community-level correlates of police misconduct, but there is a general dearth of knowledge concerning criminological explanations for police misconduct. The purpose of this study was to assess the potential relationship between self-control and police misconduct utilizing two versions of self-control theory. The primary objectives of the dissertation were to: (1) investigate whether self-control predicts police misconduct; and, if so, (2) identify which version of self-control theory best explains police misconduct. The original version of self-control theory (Gottfredson and Hirschi, 1990) hypothesizes that crime and deviant behavior are the result of low self-control, which is characterized by impulsivity, a preference for simple tasks, a proclivity for risk-seeking activities, self-centeredness, and a quick temper. More than a decade later, Hirschi (2004) revised the theory in an effort to address several shortcomings of the original theoretical model. In this revision, he moved the focus away from the personality trait of self-control to a rational choice, decision-making conceptualization, which he argued is more consistent with the original intent of the theory. From this new perspective, self-control refers to an internal set of inhibitors that influence the choices people make. Data were collected through online surveys of 101 police supervisors within three U.S. police agencies. The respondents are part of a larger research project, known as the National Police Research Platform, which is funded by the National Institute of Justice. The data were analyzed using a series of correlational and multiple regression strategies. Based on theory and prior research, it was hypothesized that measures of both theoretical versions would significantly predict police misconduct and that, in a full regression model, both versions would yield significant (and independent) effects. As predicted by the hypotheses, the results demonstrated that low self-control (as a measure of Gottfredson and Hirschi's theoretical version) and revised self-control (as a measure of Hirschi's revised theoretical version) were both significantly related to past police misconduct and the likelihood of future police misconduct. Furthermore, both measures produced independent effects in full regression models. Lastly, as evinced by standardized regression coefficients, the results suggested that revised self-control is the superior theoretical version within the context of police deviance. The finding that self-control is related to police misconduct has important policy implications for police administrators. Specifically, it is recommended that administrators 1) bolster their personnel selection and hiring through the use of more judicious background investigations and increased use of psychological testing; 2) increase the use of integrity-testing strategies, such as early warning systems, to detect problematic employees; and 3) utilize quality police training programs with emphases on ethics, consequences of misbehavior, and mechanisms to strengthen employees' levels of self-control. Study strengths and limitations, as well as directions for future research, are presented.

Magister Legum - LLM<br>In this mini-thesis, I will present a historical development of the manner in which South African courts have tested the fairness of dismissals, for misconduct. South African Labour history has been marred by confusion and inconsistency in relation to the test to be adopted in determining the fairness of dismissals. This has been so, because there have been two dominant schools of thought, one referred to as the ‘own opinion’ approach, whereby the commissioner/court has the discretion to express his/her own view based upon value judgments on the fairness of the dismissal. The other approach is known as the reasonable employer test ( ‘ defer to the employer’ approach), whereby the commissioner had to defer to the decision of the employer, unless the dismissal is one that no reasonable employer would impose, or is so excessive that it would shock one’s sense of fairness, then the commissioner may interfere.This thesis will reveal the inconsistency that has been caused, by these two approaches, and the South African courts dissent as to the approach consistent with our law. This dissent, as shall be shown in this thesis, has led to our courts contradicting themselves as to the test consistent with the law.There will be a critical discussion on the source of the reasonable employer test and its application in South Africa during the Labour Relations Act 28 of 1956 ( old LRA ) and the Labour Relations Act 66 of 1995 ( new LRA). With a further discourse on the development of the ‘own opinion’ approach during the periods of both the old LRA and the new LRA.This will lead to me looking at the provisions of the South African Constitution, together with the meaning of the right to fair labour practice as provided in the Constitution. Based upon a critical analysis of past jurisprudence, the provisions of the ILO Convention, the provisions of the old LRA and new LRA, foreign law and the Constitutional imperatives, I will attempt to illustrate the approach most consistent with our law.This thesis will culminate with a critical analysis of the Supreme Court of Appeal’s judgment, in the case of Rustenburg Platinum Mines Ltd vs Commission for Conciliation, Mediation and Arbitration and the ruling of the Constitutional court in Sidumo and Another v Rustenburg Platinum Mines Ltd and Others.The purpose of providing this historical journey, is to further highlight the rulings of past judgments, that have developed the concept of fairness, as was consistent with the Constitution. It is envisaged that the body of judgments cited in this thesis, may be used as authority, whenever the issue of determining the fairness of dismissal for misconduct arises, before a court or tribunal, such as the Commission for Conciliation Mediation and Arbitration(CCMA). It is may further be used by employers and employees, in obtaining clarity of the law in relation to the test for fairness of dismissals for misconduct.