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.

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