What is misconduct?
Misconduct is the failure to fulfill the conditions of employment in contract of service. Examples include theft, dishonesty, disorderly or immoral conduct at work and insubordination.
If an employee has been accused of committing an act of misconduct, the Company will inform the employee and conduct an enquiry before deciding whether to dismiss the employee or to take other forms of disciplinary action.
The employee will have the opportunity to present their case. In accordance with the Employment Act, the Company may suspend the employee from work during an inquiry. If suspension is more than one (1) week, the Commissioner for Labour will be asked for approval. The employee will receive at least half of their salary during suspension.
No Misconduct
If no misconduct is found, the Company will restore the full amount of any salary that was withheld during the suspension period.
Misconduct Found
If the inquiry establishes a case of misconduct, the Company can do one of the following:
Written warning;
Suspension without pay, for not more than 1 week;
Termination of employment without notice, and no salary in lieu of notice will be paid