A less strict approach to intoxication may be expected from an employer whose employees do not deal directly with the public or who do not work with dangerous machinery. This, however, does not mean that such an employer may never dismiss employees for intoxication; it only means that a greater measure of progressive discipline will be expected from such an employer. These include the employee’s length of service, status within the undertaking, previous disciplinary record and personal circumstances. Years of service generally count in the employees favor. It must be noted, however, that the employer often puts a great deal of trust in an employee with long service; therefore, it could count against the employee if he breaches this trust after many years of service. The employer will also expect a higher degree of responsible behavior from a supervisor or manager than from an ordinary worker. If there is a previous warning on the employee’s personnel file, stating that he will be dismissed if the same offence is committed in future, dismissal may be fair if this occurs. A warning does not remain valid indefinitely. The employer and trade union may agree on the period for which a warning will remain valid, or the employer’s code may stipulate this. In the absence of such agreement or stipulation, the default position is that the warning remains valid for six months, unless the infraction is particularly serious, in which case it may remain valid for the duration of the employee’s service. Other personal circumstances which may be important include the employee’s age, marital status and number of dependents. The employer must, as far as possible, treat employees the same if they have breached the same rule or rules which are similar: There must be consistency when meting out discipline. Section 188(1)(b) of the LRA requires that a dismissal for misconduct must be effected in accordance with a fair procedure, which entails a fair disciplinary enquiry. The LRA does not regulate a fair disciplinary enquiry. The employer’s disciplinary code and procedure usually prescribes the procedure to be followed and the manner in which the hearing should be conducted. The Code provides a number of guidelines for a fair enquiry in item 4: This is not a substitute for a disciplinary procedure but merely a template by which the fairness of a dismissal must be judged. Normally, the employer should conduct an investigation to determine whether there are grounds for dismissal. This does not need to be a formal enquiry. The employer should notify the employee of the allegations, using a form and language that the employee can reasonably understand.