Employee Misconduct and Departmental Proceedings

In a workplace, it’s always ideal to resolve issues with employees through discussion. However, there may be instances when an employer needs to take legal action for misconduct committed by an employee. The Labour Act defines misconduct as actions such as theft, disobedience, fraud, negligence, and more.

Employers must follow certain legal procedures prescribed by the Act when dealing with employee misconduct. If you are employer desirous of taking  any disciplinary action against an employee, you  must follow the steps outlined below:

1. Put allegations in writing.
2. Serve a copy of the allegations to the employee and give them 7 days to provide an explanation.
3. Give the employee an opportunity to be heard, even if they do not submit a written explanation.
4. Form an inquiry committee with equal representation from both the employer and the employee.
5. Suspend the worker for up to 60 days, paying them subsistence allowance during this time.
6. Conduct an inquiry, allowing the accused worker to be assisted by someone in the establishment and cross-examine witnesses.
7. After the inquiry, decide on the punishment and supply a copy of the order to the worker. Take previous record, importance of the offense, and other circumstances into account when deciding the penalty.

However, approval from the employer or managing director is necessary if the employee is to be dismissed.