Well it will depend on a few factors, the aim of the code of good practice set out sections to promote fairness an consistency, the employer might argue that previos occasions relate to a control enviroment and that it was an exseption to the rule, I would need more information, it is true that it is not accepted in general HOWEVER I am a person that does not usualy apply common law principels without merits of a matter, the terms "fire" is often used to soon by employers to display power in my opinion, we need to look at substance and procedure before I can conclusively answer your question. Regards Rautenbach & Associates