What are mitigating factors?

• Mitigating factors are matters that:
  • may affect a person’s particular situation; or
  • factors that may have caused a person to engage in conduct that has led to disciplinary action.
• Such factors aid a person’s case and are usually presented to lessen a penalty that may otherwise be imposed against them.
• Mitigating factors that affect a person’s particular situation include:
  • personal circumstances;
  • financial difficulty;
  • health issues;
  • term of employment;
  • age;
  • attitude to the offence;
  • mental health; or
  • work history.
• For example a person who is frequently late to work may argue that due to financial difficulty they must catch public transport and the bus is very unreliable. They deserve to have this taken into consideration to lessen the penalty they may receive.
• Mitigating factors that may relate to the offending conduct itself include:
  • workplace bullying;
  • moral values;
  • position at workplace; or
  • your relationship with the employer.