Misconduct

Definition: an improper behavior, act or conduct which is a breach or violation of the employment contract or the employer s workplace policies and rules. Industrial Court definition of misconduct: - an act or conduct that is prejudicial or likely to be prejudicial to the interests of the master or to the reputation of the master (Tractors Malaysia Bhd v Wong Kam Yoon, Award No 37 of 1974) - any misconduct on the part of an employee inconsistent with the fruitful discharge of the duties of an employee towards his employer, unless it be of a trifling nature, would constitute an act of a misconduct (Malayan Thung Pau Berhad v 4 Workmen, Award No 37 of 1974)

Classification of Misconduct in Industrial Employment

(in Kannan v NLFCS, Award No 95 of 1977)

Misconduct relating to duty. Examples: dishonesty, carelessness, insubordination, theft and breach of confidential company information. Misconduct relating to discipline. Examples: fighting, assault, gambling, damaging company property, drug abuse, coming to work late, leaving early and sleeping on duty. Misconduct relating to morality. Example: indecent acts, engaging in improper relationship with another employee, sexual harassment, and keeping, showing or distributing indecent or pornographic materials at the workplace.

Misconduct (=Minor Misconduct) Examples

Poor time-keeping Absenteeism without reasonable cause Temporary absence from place of work without authority Failure to advise one s supervisor of completion of job or delays Uncooperative attitude

Serious Misconduct

..

May lead to summary or instant dismissal. May be a single serious misconduct or a combination of a number of documented incidents of misconduct. Causes an irretrievable breakdown in the mutual trust and confidence that is the core of every employment relationship.

Serious or Major Misconduct Examples

Theft Fraud Assault Misappropriation of funds Serious harassment (including sexual harassment) Abusing or threatening another employee Malicious damage of company s property A wilful and serious breach of the company s code of conduct, statute or policies Wilful disobedience of a lawful and reasonable instruction given by a supervisor Repeated acts of misconduct for which the employee has been counselled

Disciplinary Sanctions
To be proportionate to the nature of the breach, provide a clear message to the relevant employee that their behavior was not acceptable, and act as a deterrent to the employee and others.

Types of Disciplinary Sanctions

Counseling Formal warning (verbal or written) Punishment (may include termination of employment)