[Ivan Israelstam]

For me, the critical question and the evidence I, as an adjudicator, require to prove knowledge or awareness of the rule has always been: At the time that the employee committed the offence, did he or she know that what they were doing would attract disciplinary action and what the likely sanction would be. It then rests on the employer to adduce evidence to prove, on a balance of probability that:

• at the time the employee committed the offence, they knew that, if caught, they would be disciplined; and
• at the time the employee committed the offence, they knew what the likely sanction would be.

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