Dealing with gross misconduct in the workplace is one of the most challenging scenarios for any employer.
It’s a serious matter that can lead to immediate termination, but it’s critical to approach it cautiously to ensure compliance with employment laws and avoid unnecessary disputes.
If you suspect an employee of gross misconduct, this step-by-step guide will help you to navigate the process effectively.
What is gross misconduct?
Gross misconduct is severe behavior undermining the trust and confidence between an employer and employee.
Examples include:
• Theft, fraud or dishonesty
• Physical violence or threats
• Harassment, bullying or discrimination
• Breach of confidentiality or data protection laws
• Gross negligence causing damage or harm
• Alcohol or drug use impairing performance or safety
How to manage gross misconduct…
If you witness, or receive word of, possible misconduct, it’s important for you to address the situation promptly and professionally by using the following steps as a guide:
1. Act quickly: Deal with misconduct promptly to minimize legal issues. Not acting promptly can lead to other employees thinking that the misconduct is acceptable and not urgent, possibly leading to a hostile work environment.
2. Involve HR: If you’re the manager and witness, or are made aware of, possible misconduct, don’t handle this alone. Get HR involved as soon as possible for guidance on the next steps.
3. Investigation: You must conduct a fair and impartial investigation before deciding whether or not to take disciplinary action. If needed, remove employees who committed the misconduct from the workplace with paid or unpaid time off until the investigation is complete. If there is an Ethics department, HR should lead the investigation. If the situation involves an employee covered by a Collective Bargaining Agreement, collaborate with the Labor Relations department.
4. Maintain confidentiality: This is critical, as much as possible, for all individuals involved in the investigation.
5. Decision-making: Decisions should be based on evidence, the seriousness of the misconduct, the affected employees’ prior disciplinary issues and previous handling of similar misconduct. HR or the Ethics department usually report their findings to management or other key players, and options for resolution are then discussed.
6. Disciplinary responses to workplace misconduct: While certain instances of gross misconduct, such as violence or theft, can result in immediate termination, lesser offenses typically fall under a company’s Employee Discipline Policy. These steps often include an initial verbal warning, followed by a written warning, suspension and, ultimately, could potentially end in dismissal. Make sure you’re following your company’s policy.
7. Communication of the outcome: As soon as possible, affected employees should be informed of the outcome and the next steps.
8. Right to appeal: Many Employee Discipline Policies allow employees to appeal disciplinary action, including terminations. This option should be communicated to affected employees.
9. Documentation: Accurate and thorough documentation of the entire process must be maintained and kept confidential. This will help minimize the company’s legal risks if legal claims arise.
By following these principles, you can ensure that your handling of gross misconduct cases is fair and defensible in case of legal challenges.
Final words of advice from us: Don’t do it alone…
Dealing with gross misconduct incorrectly can lead to costly legal disputes and damage your business’s reputation.
An expert HR consultant can guide you through the process, ensuring:
• The correct steps are followed.
• You’re compliant with employment law.
• Your decisions in employment-related legal claims are fair, evidence-based and defensible.
Get in touch with us for a confidential chat today.