- Introduction
- 1. Procedures
- 2. Reasons
- 3. Fair
- 4. Warning
- 5. Meeting
- 6. Contract
- 7. Dismissals
- 8. Absenteeism
- 9. Abandonement
- 10. Criminal
- 11. Instant
- 12. Suspending
- 13. Trial Period
- 14. Fixed Term
- 15. Constructive
- 16. Illness / Injury
- 17. Incompatibility
- 18. Redundancy
- 19. Resignation
- 20. Disciplinary
- 21. Conflicts
- 22. Principles
- Summary
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.
