Dealing with suspected or actual theft, dishonesty or fraud for an employer can be a tricky, difficult and potentially traumatic process — for both the employer and the person suspected of dishonesty says Gillian Howard. CAUSES FOR DISCIPLINARY ACTION Certain standards of performance and conduct must be maintained in any work group. Mitigating factors are considered in determining an appropriate disciplinary penalty. In Metcash Training Ltd t/a Metro Cash and Carry v Fobb & Another (1998) 19 ILJ (LC), the judge held that: "Theft is theft. South African courts seem to take this to heart. 2002; Trost 2009). Other examples of gross misconduct might include: Damage to property. Therefore, he threw a total of 26 periodicals away. This could involve deliberate or … 1.2 It is essential that the Disciplinary Procedure is adhered to and notes taken at each stage of its implementation. Although benefiting from a misconduct financially aggravates the misconduct, it does not always result in a finding of dishonesty or fraud. Very often symptoms (i.e. It’s critical to take immediate action after you’ve discovered evidence that leads you to believe a theft has occurred. In cases of discipline, representation is usually concerned with two areas. However, where the rule is known and reasonable, employees may be held accountable for failing to follow them. Employers should have a Disciplinary Code. Section 118 of the Labour Relations Act 66 of 1995 (LRA) stipulates that a dismissal must be for a fair reason and effected in accordance with fair procedure, taking into account any relevant code of good practice.. Matters involving academic dishonesty may be referred to the Dean of Students for additional disciplinary action(s). Last Name]: This letter shall serve as a formal written reprimand and is to confirm in writing our discussion of [date] concerning your unacceptable [performance and/or conduct] and to establish my expectations which I Keywords: Gender; Academic dishonesty; Cheating; Disciplinary action Introduction Academic dishonesty in higher education, such as cheating and plagiarism, is a growing problem and the number of reported cases continues to increase (Edgren & Walters 2006; Magnus et al. Dishonesty in the employment context can take various forms, including theft, fraud and other forms of dishonesty. Where this cannot be proved, a disciplinary action may be called into question. At-will employment. Companies often cite theft, fraud, dishonesty, gross negligence and serious insubordination as clear examples of gross misconduct. Concrete examples of some of these might include stealing from colleagues, stealing company equipment, doctoring time sheets or fabricating expense claims. The first concerns whether or not the wrongdoing occurred Dishonesty Won’t Always Be Obvious. Given an action plan to bring about the required improvement; Given a written note, signed by both supervisor/manager and employee, of the agreed action to be taken. work. Stealing paper clips or stealing company secrets? The employee engaged in sexual intercourse in a hotel room in front of colleagues. 1.3 The conduct of disciplinary proceedings must be fair, transparent and appropriate in all the circumstances. Usually, processes for disciplinary action, including warnings or dismissal will be written in the employment agreement or workplace policies. Or, they may be raised by the union during representation. For example, suspicions that an employee might be stealing from the company or has committed fraud are not good enough. The employee was charged with, amongst other things, “theft, fraud, dishonesty or the unauthorised removal of any material”, “being in breach of the Bank’s confidentiality agreements and/or divulging such confidential information” and that he “dishonestly distributed the Wesbank Microsoft Office licence keys”. They may be taken into account by an employer at the time a disciplinary measure is being decided. Traditional discipline minimizes communication and employs threatening language at every stage. Upon her hire, the Grievant was presented with the Employer’s code of conduct. Some employment agreements or workplace policies list examples of serious conduct . You may be seeing this page because you used the Back button while browsing a secure web site or application. The courts have frequently supported this view and have therefore often upheld employer's decisions to dismiss employees who have been guilty of gross dishonesty in the workplace. Use Words Carefully. Even if an employee does one of these examples this doesn’t necessarily mean that serious misconduct occurred. Conduct deserving of disciplinary action is usually called “misconduct” and takes the form of a breach or breaches of any of the organisation’s employment policies or rules. Streeter v Telstra Corporation Limited [2008 ] AIRCFB 15 (Acton SDP, Cartwright SDP, Larkin C, 24 January 2008), [(2008) 170 IR 1]. It is a type of dishonesty that is normally committed in such a way that its very existence is concealed. The breach might be anything from the email policy to occupational health and safety rules. ... Use of illegal drugs at work; Dishonesty; Employment agreements and serious misconduct. If, however, the employee continues to lie and commit further acts of misconduct, there can be further disciplinary action and sanctions can progress in seriousness up to, and including, dismissal. [Company name]'s discipline policy explains the steps we will take to address employee failure to perform or misconduct.This policy applies to all [company name] employees.. 2. Negative behavioural strategies or disciplinary action are useful in situations when it is critical for the employee to be aware of their poor performance and when it is important to signal to other employees the standards of expected behaviour. Disciplinary Action Policy Sample: 1. The Pennsylvania Supreme Court … If an employee has been accused of committing an act of misconduct, the employer should inform the employee and conduct an inquiry before deciding whether to dismiss an employee or to take other forms of disciplinary action. If this informal counselling does not bring about the required improvement the formal disciplinary procedure will be invoked. If you can accomplish this in a positive and constructive way, you will send a message that you are not out to punish, but to help the employee become a fully productive member of your work unit. “ Workplace violence ” refers to physical acts of violence or threats to harm a person or property. The purpose of disciplinary action is to turn performance, attendance and conduct problems around by continuing to identify problems, causes, and solutions. Where there is no agreed procedure to be followed, employers should use a careful, thorough and fair process. Policy overview. This case cautions employers against charging employees with dishonesty simply because the employee has enjoyed some financial gain as a result of his or her misconduct. Employers need to have clear procedures on how to deal with such misconduct when it comes to their attention. Breaches vary in significance. Cases of plagiarism that result in a failing grade for an assignment or for a course may be reported to the Dean of Students in order to prevent any individual from plagiarizing repeatedly without disciplinary consequences. However, the bank account for payment was controlled by Ms Wright, and the payments received were not passed on to the franchisor until her actions were discovered by the franchisor. More specifically: Verbal abuse can be using unwelcome, embarrassing, offensive, threatening or degrading language. In the case of Shoprite Checkers (Pty) Ltd v the CCMA (CLL, Vol 18, August 2008, case number JA 08/2004) the employee was dismissed for consuming the employer's food without paying. Examples include theft, dishonesty, disorderly or immoral conduct at work and insubordination. Legal Services Commissioner Megan Mahon said bringing disciplinary action for dishonest conduct reinforced the requirement for legal professionals to maintain the highest ethical and professional standards. If you do not believe that fraud and corruption is possible in the workplace, you will never identify it, even if it is clearly evident. Abusive behaviors, whether verbal, psychological or physical, are also considered violence. Dishonesty; Discrimination; Key takeaway: Behaviors that can warrant disciplinary action at work include harassment, misconduct, illegal behavior, … Don’t fire, or take other disciplinary action, until you have proof. His action was observed by a coworker who reported it to the chief librarian. Disciplinary action should be taken in situations including, but not restricted to, misconduct such as the following: INSUBORDINATION OR REFUSAL TO WORK - Physical or verbal resistance to authority and work direction. SAMPLE – Written Warning for Misconduct and/or Performance [Date] [Name] [Address] Via [Hand Delivery OR Certified Mail No._____] Dear [Mr./Ms. You can take one of three actions pending the outcome of your initial investigation into the scope of a theft or dishonesty: (1) place the employee on administrative leave, (2) suspend the employee from work, or (3) transfer the employee to another location. Alternatively, you may have mistakenly bookmarked the web login form instead of the actual web site you wanted to bookmark or used a link created by somebody else who made the same mistake. It's common for such an employer to feel that dismissal of the dishonest employee is the only safe course of action because it's believed that a person capable of stealing will steal again or will steal more in future. He feared that in his absence, his supervisor would become aware of the backlog and disciplinary action would follow. This means that those frauds for which employees have been caught are likely to be only the tip of the iceberg. Breaches of discipline that do not amount to police misconduct or official misconduct are dealt with within the relevant department or authority. Gross dishonesty. Collins Concise Dictionary defines fraud as “deliberate deception, trickery or cheating intended to gain an advantage”. These processes should be followed. Dismissing an employee for dishonesty during a disciplinary hearing or arbitration proceeding Dishonesty in the workplace can take various forms, including theft of the employer’s property (or that of fellow employees), fraudulent conduct, such as submitting incorrect time sheets, lying to managers and other unethical conduct. Advise employees that if they know of another employee’s dishonesty and fail to report it, they can be subject to discipline as well. Make sure you have solid evidence of dishonesty before taking action. The grounds for disciplinary action may relate to: unfitness, incompetence or inefficiency in the discharge of the duties of an officer’s position Gross misconduct usually involves criminal or fraudulent behaviour, or serious dishonesty. The Fair Work Commission will not stand in the shoes of the employer and determine what the Commission would do if it was in the ... Dishonesty in disciplinary interview. Disciplinary breaches. Get the facts on April 26. Remember, the word “theft” is a minefield all by itself. Commentary Honesty and Mental Health in Disciplinary Actions Honesty is fundamental to the legal profession. Workplace fraud, by its nature, is a secretive act. Authority be sought when any disciplinary action is being considered and at each stage of the operation of the disciplinary procedure. This may justify some disciplinary action being taken by the employer. Theft must be incorporated into the employer’s disciplinary code as a serious offence where the employer dismisses for a first offence or as part of a group of offences which fall under ‘dishonesty’.