Workplace incidents and misbehaviour are all too common in our society. Some examples include sleeping on the job, theft, fighting with a co-worker, leaving the premises without permission or making a costly error at work, just to name a few. Sometimes it even extends to incidents that take place outside of the workplace, such as getting charged or convicted of a criminal offence.
Employees may be under the misconception that every act of misconduct is deserving of dismissal. No doubt some employers have contributed to this misunderstanding by terminating employees for the slightest infractions. However, this could not be further from the truth. Companies are required to start with the least severe punishment (eg a warning) and increase in severity only if there are further instances of misconduct, unless the offence is so serious that dismissal is the only reasonable option (eg. when an employee is guilty of theft).
But before an employee can be punished, the company must follow these 3 steps:
Step 1- Investigation
If there has been a complaint or accusation that an employee has breached a company policy or behaved poorly, the company must have an investigation. Firstly, the employee must be informed of the details of the complaint, and then the company must meet with him and any witnesses to gather as much information as possible. If there is evidence that the employee may have committed an act of misconduct, then the matter has to go to a disciplinary hearing.
Step 2- Disciplinary Hearing
The company will bring disciplinary charges against the employee (For example: Dear Mr. Green, after concluding our investigation, we have charged you with the disciplinary offence of assaulting your co-worker). The company must inform him of all the disciplinary charges that he has been accused of, provide all the evidence gathered during the investigation and set a date for the hearing. At the disciplinary hearing, the employee must be given an opportunity to respond to the allegations, bring witnesses of his own and have a representative who can argue on his behalf. If the employee is found guilty after the hearing, then the matter goes to the punishment stage.
Step 3- Punishment
Being found guilty of a disciplinary charge should not automatically result in being fired. The company must consider how serious the misconduct was, how long the employee worked at the company and if there were previous instances of misconduct, among other things. After considering all the relevant factors, the company should impose a fair and reasonable punishment. As stated above, dismissal should be reserved for the most serious offences and usually, for repeat offenders.
These are only some of the key aspects involved in dealing with workplace misconduct. Employees should always seek advice or representation if they are facing disciplinary proceedings, ideally from as early as the investigation stage.
Furthermore, if an employee has been dismissed for alleged misconduct, the dismissal may be unfair if: the disciplinary proceedings were not conducted properly, the punishment was unfairly severe, or worst of all, the dismissal came automatically after an allegation or complaint was made and there was no investigation or disciplinary hearing at all. If you have been unfairly dismissed, you may be entitled to compensation and/or to regain your job.
Employers should remember that it is human nature to make mistakes or to occasionally have a lapse in judgment. Employees should be given chances to learn and grow. The goal of disciplinary procedures is not to punish employees as severely as possible for any failure or mistake on their part; but rather, to improve employee behaviour and set the platform for a long-lasting, healthy and mutually beneficial relationship.