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Celebrity brawl... How would you treat this misconduct?

by , 09 October 2013
According to media reports, Top Billing presenter Bonang Matheba and 5FM's Poppy Ntshongwana recently got into a physical fight in Ibiza. The Sunday Sun alleges that it's the girl's jealousy over DJ Euphonik that triggered the violent brawl. DJ Euphonik and Matheba are dating. The report also alleges that the two women used to be good friends, but Matheba became jealous of Ntshongwana's friendship with Euphonik when she apparently realised he has a 'soft spot' for her. While this may be hot news for gossip columns, fighting at work is an offence that constitutes misconduct. Read on to discover the other offences.

In every case of misconduct there needs to be a rule, norm, standard, policy or practice that an employee, either by an action or by a failure to act, has contravened or broken.

But what is misconduct?

The following offences constitute to misconduct

According to the Labour Law for Managers Loose Leaf Service, there's no complete or definitive list of types of misconduct that employees can commit at the workplace.

While this may be the case, the following is a list of the more common offences committed in the workplace:

  • Theft
  • Unauthorised possession of company goods
  • Fraud
  • Bribery
  • Misrepresentation
  • Clock card fraud
  • False claim forms
  • Failure to follow reasonable instruction
  • Refusal to follow reasonable instruction
  • Insubordination
  • Threatening conduct
  • Intimidation
  • Sleeping on duty
  • Fighting at work
  • Assault
  • Willful or negligent damage of company property
  • Reckless driving of company vehicle
  • Unauthorised use of company property
  • Unauthorised absence from work
  • Late coming
  • Deserting one's post or work station without permission
  • Unauthorised possession or consumption of liquor or drugs while on duty
  • Being under the influence of liquor or drugs while on duty
  • Negligence
  • Willful poor performance
  • Sabotage
  • Unauthorised possession or use of dangerous weapons
  • Unauthorised access or use of computers or Internet facilities
  • Abuse of computer or Internet facilities
  • Conduct prejudicial to good order in the workplace
  • Conduct bringing the employer's name into disrepute
  • Gross negligence in performing work functions of duties
  • Breach of confidentiality
  • Breach of safety, security or other procedures
  • Conflict of interest
  • Sexual or racial harassment

Is there a way to regulate offences that constitute misconduct?

Yes! You can regulate misconduct with a disciplinary code.

Your disciplinary code is the framework that stipulates how your employees must conduct themselves and behave at work or face disciplinary action.

While your employees have a right not to be treated unfairly or be dismissed unfairly you, on the other hand, have a right to expect acceptable conduct and satisfactory performance by your employees.

Remember, misconduct can become a serious problem if you don't manage it properly and fairly. So put a disciplinary code in place and outline offences that constitute to misconduct. Your code must also reflect the guidelines for managing misconduct in the workplace.

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