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Misconduct
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Misconduct is considered to be all behaviour of an employee that are regarded as unacceptable by an employer. This range of behaviour can be unlimited in the sense that each employer has certain requirements of their employees, particularly based on their industry and business requirements. There are certain behaviours that are commonly known to be unacceptable, not just for an employer, but for a society as a whole, for example theft and fraud. In terms of establishing whether an employee is guilty of misconduct it only needs to be proved on a balance of probabilities and not on the basis of beyond reasonable doubt.
Balance of probabilities refer to the weighing up of the evidence to assess which witness’s version of evidence is more likely to be true.
An employee is guilty of misconduct or transgression when he/she wilfully or negligently and knowingly contravenes a workplace rule or standard.
It is accepted that it is the duty of an employee to be aware of all the workplace rules and/or misconduct. It is confirmed that a reasonable employee should be aware of what constitutes misconduct, taking into consideration the experience, position and time of employment of the employee.
The Company is entitled to set reasonable standards, workplace rules and/or codes of conduct to which the employees must comply. The degree of diligence and high standards may be set, provided that such criteria are not unreasonable.
The reason for disciplinary steps is to correct the behaviour of the employee and to allow opportunity to achieve the required rules or standard.
Trust and honesty are essential elements of the employment relationship. If the conduct of the employee causes an irreparable damage to the trust the employer has in an employee, the employment relationship cannot continue, and dismissal is the only proper sanction, i.e. the employment relationship cannot continue under these circumstances.
Negligence could be described as a failure to comply with the standard of care which would be exercised under similar by a reasonable employee.