When to consider the employee misconduct and investigation process?
The Employee Misconduct and Investigation Process During an investigation, it is necessary to consider whether an employee has committed misconduct.
When to consider employee misconduct in South Africa?
During an investigation, it is necessary to consider whether an employee has committed misconduct. In terms of South African law, this requires consideration of whether or not the employee contravened a rule or standard regulating conduct and if so whether:
Can a countersuit against an employee prove misconduct?
However, the court found the employer couldn’t prove the allegations and that the countersuit they’d filed against the former employee was a form of intimidation. Whether or not the employee had engaged in fraudulent behavior, this case proves how important a strong employee misconduct investigation can be.
What to do in case of misconduct at work?
In cases of serious allegations of misconduct, the employer may need to inform external agencies, such as the Health and Safety Executive or the police. Consider whether the employee should be suspended on full pay whilst the investigation is being completed.
How to handle an allegation of employee misconduct?
Give the employee a proper chance to tell their side of the story. Only suspend an employee if the alleged misconduct is serious or the employee’s presence in the workplace might harm your business or interfere with the investigation. Generally, suspension will be on full pay.
How long does a misconduct investigation last?
How Long Does a Misconduct Investigation Last? If a military investigation is being conducted by the command it can last anywhere from a few weeks to a few months. If on the other hand a military investigation is being handled by the branch specific military law enforcement, those investigations can last a few months, up to several months, and even as far as over a year depending upon the nature of the allegation.
How long can an employer suspend you pending investigation?
The total period of suspension pending investigation may not exceed 60 days. An employee on suspension pending investigation must be available for interviews throughout the entire suspension period. The employee is responsible for providing contact information to his/her supervisor and Management and Recruitment Services.
How serious is termination for gross misconduct?
Therefore, the seriousness of termination for gross misconduct usually means the employee can’t come back to work for the employer. For an employee who has been terminated, not being able to return to work for the same employer might not be a serious concern, especially if she finds employment elsewhere.