How To Deal With Major Workplace Misconduct

January 9, 2023    Employment Lawyers
How To Deal With Major Workplace Misconduct

People worldwide have to deal with workplace misconduct, and this is certainly not an experience people want to see. Misconduct is usually considered to be improper behaviour in the workplace, and there are different types of misconduct.

Before you hire a workplace lawyer, help to deal with workplace misconduct. You must know more about the types of misconduct, such as general, serious, and more. Read the blog below to learn more about the ways to deal with workplace misconduct.


What Is General Misconduct?


This misconduct is a type of behaviour that often remains inconsistent with employee duties or obligations and breaches company policies or procedures. It can also be unacceptable behaviour or any form of improper behaviour. Some of the examples include lateness, bad language or unauthorised absences.


What Is Serious Or Gross Misconduct?


As per the Fair Work Regulations, 2009, serious or gross misconduct is wilful or deliberate behaviour mostly inconsistent with the continuation of an employment contract. It also can cause some serious and imminent risk to viability, reputation or business profitability, including the safety and health of an individual.


This form of misconduct can also include fraud, theft, assault, work intoxication, and inability to follow lawful and proper instructions that are with regard to the employee’s contract of employment if a misconduct act is said to be serious, even if for the initial offence, the employee may be dismissed without any pay or notice in lieu of the notice.


This is also known as summary dismissal, and such kinds of things happen; the employee has to leave the workplace immediately. This is normally after the disciplinary process and after the outcome is issued. People usually hire workplace investigation lawyers in this case, and you must know that a fair process has to be followed before immediate dismissal.


You also need to be consistent in how you respond to the act of serious misconduct. If you want to reduce or lessen the risk of misunderstanding or confusion and to set the expectation of employees, it is said that you must include policies on standards of misconduct, behaviour and disciplinary action in the employee handbook.


What Is An Employee Handbook?


An employee handbook is usually a document provided to employees when they begin work in an organisation. This handbook outlines the company’s cultures, expectations or performance/behaviour, policies and performance in the workplace.


A policy about disciplinary action can also include specific examples and also outline the disciplinary process in detail. It will also outline all the possible consequences, and it is usually recommended that you specify in the employment agreements that misconduct may lead to the termination of employment.


The main difference between the two is essential as it may also impact the disciplinary process (you must stand the employee down with pay if there is any risk of any sort of harm to the individual or the business). Serious misconduct should usually result in dismissal without entitlement to a notice period.


Out-Of-Hours Conduct


Many people opt for employment law lawyers in such cases, and only in some exceptional circumstances can an employer have the right to address an employee’s unusual or rude behaviour. An employer can also include provisions in the employment contract and policies in the employee handbook that can set the standards.


They can include specific behavioural standards while performing work duties outside work functions and work hours. It can also stop employees from wearing clothes that have a company logo besides work or from posting inappropriate comments about the business on an online site with public access.


The provision or policy must also indicate the consequences of any breach of the employment contract or employee handbook, such as any followed disciplinary procedures. There also needs to be a relevant connection to the employment relationship for the employer to take action against the employee.


Managing The Performance Of The Employee


To reduce risks of misconduct and those misconducts to be repeated, the employees must be aware of the expectations of how they are usually expected to behave. They also need to know about the performance standard that must be maintained and how to align performance and behaviour with the objectives and values of the business.


You can enhance and manage your employee’s performance in various ways. The main thing here is consistency and you should ensure that the system is to extract desired results. If that fails, you should continue the rework until you achieve a good result.


Some of the effective ways to improve or manage employee performance are as follows:

  • Conduct regular performance reviews or appraisals.
  • To provide proper and relevant coaching and training.
  • To provide employees with a platform to give honest feedback without any fear of retribution.
  • To set clear expectations in writing and verbally regarding the performance standards, conduct and company goals.
  • To use employee feedback to update the company agreements and policies.
  • To be sure that the management is consistent in how they are able to follow company policies.


Employee Disciplinary Action


Before hiring a top employment lawyer, you must know that if one of your employees engages in any form of serious misconduct, you might have proper grounds to dismiss that employee without giving further notice after only implementing a disciplinary process.


If you need to undergo disciplinary action in your company, there are some ideal steps you can choose to follow:

  • You must investigate and establish the facts to consider the suspension of that specific employee on full pay if the alleged conduct is serious or there are reasonable results to people, business or property.
  • You must write to the specific employee providing the allegations and the possible punishments for those misconducts.

Contact Employment Lawyers Perth


If you feel that there are issues in your company regarding workplace misconduct done by a specific employee, you can read the blog above to know what to do with the employer. You can also hire a reputed lawyer from Employment Lawyers Perth who can skilfully help you in this case.

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