How to tell the difference between misconduct and incapacity
You know you are dealing with misconduct, if the person has shown you, they can follow the rule, but they are choosing not to. Proof of this is, they have successfully completed this exact job, before.
You know you are dealing with incapacity, if the person wants to follow the rule, but for some reason they cant. Proof of this is, they are very ill, or the standard of work has been increased and they need more training.
Andrea de Jongh, Employment Lawyer and Privacy Governance Specialist. Making legal concepts accessible.