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What offences constitute misconduct?

by , 03 March 2016
A little while back, the media was jam-packed with reports about 2 SA celebrities getting into a physical fight in Ibiza. It was jealousy over a DJ that triggered the violent brawl. While this may be hot news for gossip columns, fighting at work is an offence that constitutes misconduct.

But what exactly is misconduct?

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Dealing with employee misconduct swiftly and effectively is crucial to maintaining a productive workplace

But it can expose you to legal risks... Click here to find out how you should deal with unacceptable behaviour in your workplace…


Here are 16 offences classified as 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.

But the following list shows 16 of the more common offences committed in the workplace:
•    Theft;
•    Unauthorised possession of company goods;
•    Fraud;
•    Bribery;
•    Clock card fraud;
•    Threatening conduct;
•    Intimidation;
•    Sleeping on duty;
•    Fighting at work;
•    Assault;
•    Wilful or negligent damage of company property;
•    Deserting one's post or work station without permission;
•    Unauthorised possession or consumption of liquor or drugs while on duty;
•    Wilful poor performance;
•    Sabotage; and
•    Sexual or racial harassment.

But keep reading to find out if there is a way to stop misconduct in the workplace..

Say good-bye to all your insubordination woes and discipline those insubordinate employees without worrying about the CCMA!
There's a fine line between insubordination, gross insubordination and insolence of an employee. Do you know the difference? How would you discipline an employee in each instance? If you get it wrong you could lose at the CCMA!

Find out more here...

Is there a way to regulate offences that constitute misconduct?

Yes! You can regulate misconduct with a disciplinary code. And in every case of misconduct there needs to be a rule, norm, standard, policy or practice in place. And the employee, either by an action or by failing to act, breaks this.

So 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 for you not to treat them 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.

P.S. Click here to learn more about Managing Misconduct...


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