Maintaining a harmonious and productive work environment is essential for the success of any organization. When all employees adhere to company policies and uphold the values it stands for, the result is a workplace culture where all staff members feel safe, welcomed, and encouraged to give their best.
Unfortunately, instances of employee misconduct can disrupt this dynamic, creating cause for concern for employers. Employee misconduct can range in scale from minor infractions to gross breaches of company policy which can lead to criminal charges. The cost of misconduct to a business can also be substantial in terms of absenteeism, re-hiring, and other financial losses incurred. According to a survey by Vault Platform, workplace misconduct cost U.S. businesses $20 billion in 2020.
As an employer, it is important to correctly navigate these waters to ensure such matters are addressed swiftly, fairly, and in accordance with legal requirements. In this article, we will outline common types of employee misconduct and steps employers should take to address these issues effectively.
Types of Employee Misconduct
Employee misconduct typically falls into two categories; general and gross. While the former is not as serious as the latter and can often be remedied through corrective action, both require an employer to address the issue appropriately.
General Misconduct
General misconduct is less severe than gross misconduct and can typically be corrected through training, warnings, or other corrective measures. Examples includes:
- Insubordination: This can include the refusal to follow the direct orders of superiors or non-attendance at required meetings.
- Tardiness: An employee may be consistently late for work or return back late from breaks.
- Unprofessionalism: This may be the use of inappropriate language or failing to adhere to the company dress code policy. It can also include banned inter-office relationships.
Gross Misconduct
Gross misconduct by an employee refers to behavior that is so serious it warrants their immediate dismissal without notice. Examples include:
- Theft: Here an employee may steal money or other resources from the company, defraud its clients or deliberately misuse company funds.
- Physical violence: This includes threats of, or actual physical violence, towards other staff members.
- Sexual Harrassment: This refers to any unwelcome or inappropriate comments or sexual advances and sexual assault.
- Substance abuse: This includes being under the influence of drugs or alcohol at work or using or distributing illegal substances in the workplace.
In many cases, instances of gross misconduct can also lead to criminal charges being brought against an employee. To ensure their rights are protected, the employee should seek legal advice from a qualified attorney such as this Purser Law best Edmonton criminal lawyer.
Addressing Employee Misconduct
Employers should treat instances of employee misconduct seriously by taking the following steps to ensure the integrity and safety of their workplace.
- Act Swiftly: Swift action reinforces a company’s policies and values and also mitigates the risk of subsequent unfair dismissal claims in cases of gross misconduct. By delaying corrective action, an employer can also send a message that such behavior is tolerated leading to escalation, and more serious infractions. This can also create a culture where other employees feel disrespected, undermining the morale, productivity and reputation of a business.
- Investigation: Robust investigation policies protect employers, and ensure fairness and compliance with all applicable laws and regulations. By investigating instances of misconduct an employer can accurately assess the facts and take appropriate action. They may also uncover any mitigating factors that may lessen the severity of the situation or systemic issues within their organization that need to be addressed to prevent such issues arising in future. An employer may consider hiring an external consultant, or a neutral third-party who is trained in investigating and handling cases of employee misconduct to ensure fairness and impartiality and an objective assessment of the facts.
- Documentation: Employers should provide a fair hearing for the employee where their account of events is documented, ensuring a clear and transparent record of the misconduct. Employers should also record any disciplinary action that is taken, and ensure the employee reviews and signs the document, acknowledging their receipt and agreement to the action. This can avoid inconsistencies, disagreements or disputes from arising, and act as valuable evidence to protect the employer from potential allegations of discrimination or unfair dismissal.
- Review and update policies: Following instances of employee misconduct, an organization may need to update their existing policies to ensure they address any gaps or shortcomings. This ensures current policies reflect company values and provides a clear guideline for all employees on acceptable behavior.
Conclusion
By following the guidance outlined, employers can fairly and effectively address issues of employee misconduct, strengthening their efforts to maintain a workplace culture that respects all staff members while upholding professionalism and trust.
