Misconduct

What constitutes general misconduct depends on the nature of the organisation and the position that the employee holds. Such examples include:

• Repeated absence from work without reasonable cause.
• Constant lateness.
• Refusal to work.
• Negligence.
• Incompetence.
• Non-compliance with Health and Safety Procedures.
• Discrimination.
• Insubordination.
• Dishonestly.
• Drunkenness or drug abuse.
• Disruptive behaviour.

Where an employee is going to be dismissed for general misconduct, it is especially important that the employer shows he/she has been procedurally fair in the dismissal, which includes giving warnings.

In the case of misconduct, which is not serious:

• A verbal warning should be given first regarding the misconduct. This should be recorded on the file of the employee.
• A written warning should be given next time. It is wise to give this after a meeting with the employee in which the employee has been given a chance to put his/her side of the story and is granted the right to representation. Minutes of the meeting should be taken and a copy given to the employee.
• The next warning is a final warning, with termination following for a further breach.
• On termination, a notice period must be given to the employee.