Types of Employee Misconduct and

Disciplinary Actions
Progressive disciplinary action
This is a process in which an employer takes disciplinary action against a worker in a
progressive manner; that is, going from lesser to heavier intensity action. 

A lesser version of disciplinary action may include:

 Counselling the employee

 Issuing warning letters

Heavier intensity action includes: 

 Issuing a show-cause letter

 Suspending the employee
 Conducting domestic inquiry
 Dismissal

There are several clauses in the Employment Act 1955 (EA) that concerns taking
disciplinary action in a progressive manner. If an employer acts with due care in
taking disciplinary action, there won't be an intervention from the courts.  It's
important to follow the process step by step as it will reflect fairness on the
employer's part and can minimise industrial court cases for unlawful dismissal.

It is vital to investigate all misconducts and acts of discipline to identify whether they
are minor or major in nature. The management of misconduct and some of the
related clauses are regulated under Section 12, 13, 14 and 15 of the EA and also in
Section 20 of the Industrial Relations Act 1967.

Minor Misconduct
Minor misconduct can be interpreted as any act of indiscipline or behaviour by an
employee that causes minimal damage or harm, and is less damaging to the
reputation of the personnel and assets of the employer.

Some examples include:

 Occasional tardiness
 Absence without leave
 Leaving the workplace before time
 Careless use of company tools and equipment
 Not storing tools in proper order
 Not wearing uniform
 Not using basic safety equipment
 Using company property for personal purposes and all other similar acts.

Every complaint must be put in writing on a formal complaint application provided by

a supervisor or the head of department. If the complaint is found not to be an offence
after investigations, the supervisor or head of department should respond to the
complainant that there is no case of misconduct.

If the same misconduct is repeated, a warning letter should be issued. The letter
must state the misconduct and warn that serious disciplinary action can and may be
taken against the employee if there is no effect in correcting the misconduct. A
second warning letter should be issued if the employee commits the same
misconduct again. 

The first warning letter can be issued by the respective head of department so the employee
is aware that the person they directly report to, such as supervisor or manager, can take
disciplinary action against their subordinate.

The second warning letter should be issued by the human resource department. The
HR department should also manage any other action if the situation becomes worse
and needs further attention, as it would be more familiar in managing the progressive
disciplinary processes. If the misconduct continues, it may be considered a major
misconduct.

Major Misconduct
Any act of indiscipline or behaviour that causes significant harm or damage, is
detrimental to or affects the reputation of the personnel and assets of the employer is
considered as major misconduct. All major misconducts must be investigated.

Here are some examples of major misconducts:

 Insubordination,
 Disobedience,
 Theft,
 Fraud and dishonesty,
 Gambling,
 Assault, violence, and abuse,
 Habitual absences and habitual late attendance,
 Bribery,
 Negligence of duties,
 Failure to observe safety rules,
 Chronic inefficiency in performance,
 Drug and alcohol abuse,
 Engaging in private work during working hour,
 Destroying company documents and all other similar acts.

Based on the merits of the case, certain measures can be taken which includes
suspension with half-pay and the issuance of a show-cause letter. If the response
given by the employee is not acceptable, the final warning letter can and may be
issued.

If the employee does not satisfy the conditions that were placed, the employer may
continue by holding a domestic inquiry and take a more serious disciplinary action
against the employee. This includes dismissal.