DISCIPLINE IN THE

WORK PLACE
 MISCONDUCT

The EA 1955 gives the employer the right to punish employees for
misconduct
Sec 69(3) employee may file complaint at the labor office if believe
that he has been punish unfairly or unjustifiably
The DG is authorized to inquire however if found unfair, cannot
order reinstatement in case of dismissal, only payment of termination
benefits and wages in lieu
If an employee challenged his punishment in the labor office, cannot
make similar claim under sec 20 of IRA to the IC
 What is Misconduct?
The Industrial Court in Holiday inn v Elizabeth Lee described
misconduct as :
..the dictionary meaning of the word misconduct are improper
behavior, intentional wrongdoing or deliberate violation of a rule
in so far as the employment relationship is concerned, an employee
has certain express or implied obligations towards his employer.
Any conduct inconsistent with the faithful discharge of his duties, or
any breach of the express or implied duties.would constitute an
act of misconduct
Most misconduct usually occur at the workplace, occasionally however,
there are cases of behavior not directly connected with the job that can
be found to amount to misconduct by the employer e.g. behavior that
tarnish the image of the organization or lost of trust and confidence

When an employee breaks a rule, the employer must decide whether he

has committed a major or minor misconduct.

The criteria often depend on the nature of his work, the number of times
of occurrence, and also the circumstances under which the misconduct
took place
Reason

for Misconduct
The employee has not been be given clear
guidelines of his duties and job functions.
The employees are not treated with respect and
dignity
Insincerity of employer leads to poor
performance.
Lack of training and poor working environment
fail to motivate the employees.
Poor balancing the workload among employees.
 Taking Disciplinary Action
Although an employer is at liberty at any time to terminate the services
of his employee by contractual notice, but if such termination is in reality
for misconduct, natural justice requires that the employees should not
be condemned unheard and that the misconduct must be sufficiently,
serious to warrant the grave penalty of dismissal.

S14 of the Employment Act 1955 provides that an employer may punish
an employee on grounds of misconduct after due inquiry.
Due inquiry here means the Company must investigate the case and
provide the employee an opportunity to defend himself before an
independent panel before judgment is put on him
 The Hot Stove Rule on discipline :-
You had a warning you knew what would happen if you
touched the stove
The penalty was consistent everyone gets the same
treatment
The penalty is impersonal a person is burned not because of
who he or she is, but because the stove was touched
The penalty is not delayed.
Condonation
The act of condoning, overlooking or forgiving an offence
When an act of misconduct has been committed and is known to the
management, it must decide quickly within a reasonable time
whether the misconduct justify disciplinary action
If the management fails to take appropriate action / take any action
at all it is said that they have condone the act
In Len Chee Omnibus v TWU (1970) if any employer on
discovering that an employee has been guilty of misconduct which
would justify his dismissal, nevertheless elects to continue to
employ him he condones such misconduct and cannot
subsequently dismiss him on the same offence
 Progressive Discipline
Progressive discipline is the process of using increasingly severe
steps or measures when an employee fails to correct a problem
after being given a reasonable opportunity to do so.
The underlying principle of sound progressive discipline is to use the
least severe action that you believe is necessary to correct the
undesirable situation.
Increase the severity of the action only if the condition is not
corrected.
The goal is to modify the unacceptable behavior or improve the
performance.
The goal is not to punish the employee but to more strongly alert the
employee of the need to correct the problem.
The typical stages of progressive discipline in a workplace are:
Counseling or a verbal warning;
A written warning;
Suspension or demotion; and
Termination.
 Types of Disciplinary Action
Formal censure or counselling
Suspension
Suspension of performance pay
Demotion
Transfer/ relocation
Warning
Dismissal
Verbal Warning
Remember, your verbal warning to
your employee must be
documented. Include the following
particulars:

1.Employees name
2.Date when oral warning given
3.The specific offence/ violation
4.Statement of expected performance
How To Write A Warning Letter

Include:
1.Employees name and designation
2.Date
3.Details of offence / rule violation
4.Reference to earlier conversations/
oral warning if any
5.Specific statement of expected
performance
6.Statement indicating confidence in
employees potential
7.Signature both parties
 Continue with Domestic Inquiry