There are two levels of misconduct – minor and gross misconduct.

Gross and minor misconduct can lead to instant or future dismissal. It is an uncomfortable and challenging process for Managers and Employers to deal with. Proper conduct and professional behaviour in the workplace are essential to ensure the efficient operation of a Company daily. As a result, Employers need to define what is deemed unacceptable behaviour so that employees can understand what is appropriate and what is not.

The repercussions for breach of behavioural policies or rules within an organisation should be clarified for all employees. It is essential to make them aware that their actions can lead to disciplinary procedures. In severe cases, misconduct at work can lead to dismissal.

Minor misconduct

Minor instances of misconduct should initially result in informal advice being given by the Manager without having to resort to disciplinary action. Then, if this approach proves unsuccessful, escalation to on the formal disciplinary procedure may be required.

Examples of minor misconduct include:

  • Persistent lateness or absenteeism

  • Unsatisfactory standards of work or poor productivity

  • Disruption of other employees

  • Abusive language

  • Unauthorised use of the property or negligent damage/loss of property

  • Failure to abide by Company dress code or Health and Safety procedures

Gross Misconduct

Cases of gross misconduct are much more serious than ordinary instances of poor conduct. Likewise, gross misconduct can call for immediate dismissal, and the employer does not have to give notice or pay in lieu of notice in these grave circumstances.

Examples of gross misconduct include:

  • Sleeping while on duty

  • Sexual harassment

  • Making false allegations of personal injury/accidents in the workplace

  • Gross indecent or immoral behaviour, deliberate discrimination or serious acts of harassment

  • Deliberate fraud – e.g. falsification of records in respect of the individual or another employee or deliberate misrepresentation

  • Smoking in breach of the Company policy

  • Endangering others through fighting/physical assault or abuse

  • Incapacity at work due to the use of intoxicants or drugs

  • Possession, supply or use of illicit drugs

  • Deliberate failure to carry out instructions, deliberate damage to Company policy/deliberate poor work performance

  • Breach of code of professional conduct

  • Providing confidential Company information to competitors or unauthorised bodies

  • Rudeness towards clients and objectionable behaviour – neglect of duties that could result in harm to clients

  • The taking of any property/money owned by colleagues or the Company without authorisation

  • Arriving to work under the influence of alcohol, where carrying out duties may be hindered

  • Unauthorised use of Company property, facilities, or resources. Selling, attempting to sell or promoting the sale of non-Company merchandise while on Company premises.

Employers must commit to treating all staff fairly and equitably and to helping employees to perform effectively. However, to protect the interests of the Company as well as its employees, there will be occasions where the company disciplinary procedure might take place.

How can Employers manage misconduct?

Companies need to have a Labour Court approved Disciplinary Procedure (Learn more) in place so that employees know what to expect when discipline issues arise. A company needs to follow the steps in a disciplinary procedure. However, during the probationary period or where gross misconduct has occurred, progressive steps can be skipped. The treatment of all the Cases has to be consistently and fairly. Employees engaged in disciplinary proceedings have the right to provide their version of events. Likewise, and extenuating circumstances should be taken into account (if any exist).

Additionally, a detailed investigation of every case is essential to ensure fair treatment of the employee. Discrimination must be avoided, and the procedure should be adhered to including carrying out disciplinary meetings and allowing the employee to bring or have a colleague present.

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