Would you accept this kind of abuse from an employee?
'You dribble sh*t. You always dribble fu**ing sh*t.'
This was part of a tirade directed at the managing director of a waste management company recently by one of his drivers.
Not surprisingly, the MD terminated the driver's employment.
However, in the ensuing unfair dismissal case, the commissioner found that the employee's conduct was not sufficient cause for termination.
And the driver is now seeking compensation!
It seems the commissioner reached this conclusion based on the fact that:
No third party heard the discussion – so the conversation didn't undermine the MD's authority in the workplace;
The employee was angry at the time he said those things;
The employee didn't have the chance to explain his conduct because the MD didn't have a meeting with him before dismissing him; and
Workplaces are more lenient today in relation to swearing than they were in the past.
This case illustrates that when you are confronted by employee misconduct there is a specific disciplinary process you should follow.
All this is explained our brand new eReport, Managing Misconduct
It details when you can dismiss
an employee for misconduct, how to investigate a claim of misconduct and how to determine what constitutes serious misconduct.
The 77-page resource also provides 12 legally drafted letter templates that you can download, edit and use when disciplining an employee.
Although dismissing an employee for unacceptable behaviour may sometimes seem like the logical response, you need to be careful not to jump the gun.
Click here to find out more about Managing Misconduct.
Make sure you have all the right policies, procedures and checklists in place to manage misconduct in the workplace legally, and effectively. Here's how...
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