What is the procedure for dismissal for misconduct?
The general procedure for misconduct related dismissals are: conduct an investigation to determine whether there is proof of the suspected misconduct; make clear charges in respect of the suspected misconduct so that the employee has enough information to prepare for the disciplinary hearing; give reasonable notice of the disciplinary hearing.
How to explain a dismissed charge to an employer?
However, if authorities dismissed the charge against you, you have a much better chance of convincing employers that you’re not a risk. Be honest, but emphasize that the charge did not lead to a conviction and that it does not reflect on your suitability as a candidate.
What happens if an employee is accused of misconduct?
Employees accused of misconduct are thus faced with a stark choice: They can either deny the commission of the offence in the hope that the employer will not be able to prove it; or they can ‘confess’ and apologise in the hope that their remorse will count in their favour when mitigation is considered.
How does alleged misconduct turn into a charge?
It starts with the choice of language. “ Alleged Misconduct ” has become “ Charges ”. And for extra gravity, Charges add “ Counts ” as sub-charges flowing from the primary Charge with criminal phrases like” to wit …” thrown in.
Can a company summarily dismiss an employee for misconduct?
Where an employee engages in serious misconduct, an employer is at common law entitled to summarily dismiss them, which in other words deprives the employee of any notice or payment in lieu. Many written contracts of employment will set out grounds.
What happens when an employee is dismissed without notice?
[16] Where an employee has been dismissed without notice (summary dismissal) for serious misconduct the Commission may find that, although there was a valid reason for the dismissal, the dismissal was harsh because summary dismissal was a disproportionate response. [17]
Can a dishonest act cause the dismissal of an employee?
An employee’s dishonesty may constitute misconduct and a valid reason for dismissal. [7] However, dishonesty does not automatically make the dismissal of an employee one that is not unfair. [8] A single foolish, dishonest act may not always, in the circumstances of a particular case, justify summary dismissal.
Can a misconduct charge be filed outside the workplace?
The difficult part is describing the misconduct. The challenge with outside work misconduct is framing the charges. This is because most disciplinary codes focus on at-work misconduct and do not cover misconduct outside of work.