Misconduct in the workplace

Jan 5, 2021

Identifying misconduct

All businesses, regardless of size, type, or ownership, can be exposed to internal risks such as theft and employee misconduct which can lead to huge losses for the business.

Receiving allegations of employee misconduct, including any red flags, complaints, rumours, or accounting discrepancies can cause some employers to ignore these for fear of invading the legal labour rights that employees enjoy. This constitutes negligence of duty or ignorance of the legal process on the part of business conduct.

Occupational experience shows that not all employers realise that they are legally entitled to use their managerial authority to discipline employees whose conduct impedes on their duty to protect their business interests from the negative impact of employee misconduct. This right is recognised in the Labour Relations Act.

Employee misconduct can include but is not limited to – staying away from work, misuse of or damage to business property, theft, assault, misuse of one’s position to promote personal gain etc., all of which will have a negative impact on the goals of the business with regards to production and service delivery.

Maintaining discipline in the workplace is crucial to promote and protect the business and operational interests of the company. Business owners, therefore, should not ignore allegations of employee misconduct but should lodge a thorough investigation into any allegations.

Investigation – the foundation of any disciplinary action

Investigation is an exercise designed to verify allegations or suspicions, to find the truth and establish if there are grounds for disciplinary action. If the investigation shows a probability of serious wrongdoing, the evidence gathered will be used to prepare and present a case against the employee at a disciplinary hearing.

The use of Polygraph examinations as an investigation tool is an extremely good method, also used to restore trust in an employee under previous suspicion.

The best way to safeguard an employer, is to source the services of a skilful forensic investigator, who will conduct a thorough investigation. The more evidence he uncovers, the more leads there will be. To win a case in the CCMA or Labour Court, he will determine the necessary evidence to prove a fair dismissal and present witnesses to testify in a disciplinary hearing.

Prevention of misconduct

To prevent misconduct in the workplace, business owners, employers and managers should not hesitate to incorporate forensic investigation into disciplinary hearings. Employees who are aware that all breaches of workplace rules and conduct will be investigated and not ignored, will think twice before contravening any workplace rules.

ELOFF Investigative Services and Polygraph Solutions can fore fill any forensic related investigations as an independent company that strive to contribute and protect Businesses against workplace related theft and unethical behavior to ultimately securing a sound and ethical work environment.

Contact detail: Paul Eloff +27 83 468 1238

E-mail: eloff.is@outlook.com

“In the service of truth”

Contact Us

eloff.is@outlook.com

+27 83 468 1238

Registration Number

2019/534094/07

 

Contact Us

eloff.is@outlook.com

+27 83 468 1238

eloffinvestigativeservices.co.za

 

Registration Number

2019/534094/07