Misconduct

All Topics

• What is employee misconduct?
  Your employees are obliged by their employment contract to behave appropriately in the course of their employment.
  February 19, 2020

• What behaviour constitutes serious misconduct?
  For behaviour to be serious misconduct, it must be more serious than ill-advised conduct, an omission to act or an error of judgement.
  February 19, 2020

• What is not misconduct?
  Poor performance should not be considered misconduct unless it is deliberate or the result of a failure to take reasonable care.
  February 19, 2020

• Importance of having a procedure for handling misconduct
  You should have an established procedure in place that aims to resolve misconduct quickly and fairly, and to give employees certainty about how the misconduct will be handled.
  February 19, 2020

• How to handle an allegation of misconduct
  There are six steps you should take when an allegation of misconduct is made.
  February 19, 2020

• Investigating alleged misconduct
  Conduct a prompt and thorough investigation into the alleged misconduct.
  February 19, 2020

• Investigating alleged criminal misconduct
  If the alleged misconduct involves potential criminal conduct, you can continue to investigate the matter.
  February 19, 2020

• Who should conduct the investigation?
  Authorised and trained staff in your company should conduct the investigation.
  February 19, 2020

• What is legal professional privilege?
  Legal professional privilege (LPP) means that reports and materials cannot be produced in any court or tribunal hearing.
  February 19, 2020

• Suspending an employee during a misconduct investigation
  You may decide to direct the employee to leave the workplace and not perform their usual duties while the matter is being investigated.
  February 19, 2020

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