Misconduct in the Workplace: The Right Process for Managing It
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Misconduct in the Workplace: The Right Process for Managing It

Cutting Edge eLearning Solutions
Updated Dec 01, 2020

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 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.

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.

Companies need to have a Labour Court approved Disciplinary Procedure  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.