Generally, arbitrators, and in turn Human Resources personnel, will use the list of factors as expressed in the seminal case on the issue Steel Equipment Co. (1964): 1. The previous good record of the grievor. 2. The long service of the grievor. 3. Whether or not the offence was an isolated incident in the employment history of the grievor. 4. Provocation. 5. Whether the offence was committed on the spur of the moment as a result of a momentary aberration, due to strong emotional Impulses, or whether the offence was premeditated. 6. Whether the penalty imposed has created a special economic hardship for the grievor in the light of his particular circumstances. 7. Evidence that the company rules of conduct, either unwritten or posted, have not been uniformly enforced, thus constituting a form of discrimination. 8. Circumstances negativing intent, e.g. likelihood that the grievor misunderstood the nature or intent of an order given to him, and as a result disobeyed it. 9. The seriousness of the offence in terms of company policy and company obligations. 10. Any other circumstances which the board should properly take into consideration, e.g., (a) failure of the grievor to apologize and settle the matter after being given an opportunity to do so; (b) where a grievor was discharged for improper driving of company equipment and the company, for the first time, issued rules governing the conduct of drivers after the discharge, this was held to be a mitigating circumstance; (c) failure of the company to permit the grievor to explain or deny the alleged offence.