Gross Misconduct

What is gross misconduct?

Gross misconduct is a serious form of misconduct that can lead to the termination of an employer-employee contract. The Company’s Code of Conduct Policy clearly defines the acts that fall under this category.

In essence, gross misconduct can be described as conduct so serious that, by the standards of fairness and justice, the employee should not be allowed to continue their employment.

In the next section, let’s try and understand the behavior that might fall under gross misconduct.

What qualifies as gross misconduct?

While the following commonly qualifies as gross misconduct, it’s important to note that they are not limited to these and can be influenced by company policies and federal laws:

  • Insubordination: An employee willingly disobeying direct and reasonable orders of a superior.
  • Absenteeism: An employee failing to report for duty without prior approval.
  • Theft of property: An employee tampering with the personal belongings of a coworker or the company’s property.
  • Drug abuse: An employee found under the influence of drugs or any other illegal substance on the office premises.
  • Dishonesty: An employee breaching the trust and confidentiality of their employer by taking part in unethical practices.
  • Sexual harassment: An employee imposing sexual conduct that’s met with unresponsiveness, like outraging modesty, making suggestive remarks, or unwanted physical contact.

With the behavior that falls under misconduct clear, let’s delve deeper into answering the next question.

How long does gross misconduct stay on your record?

Typically, gross misconduct stays on an employee’s record for 6 months. However, this duration may vary depending on the company policies and the nature of the conduct and is often underlined in the employment contract.

Now, let’s find the examples of a few incidents categorized as gross misconduct.

What are examples of gross misconduct?

A few examples of gross misconduct at the workplace include:

  • Dishonesty or providing false information on timesheet or travel claim form.
  • Abusive or violent behavior displayed on the office premises or within working hours.
  • Negligence in performing duty concerning safety compromise or a compliance-related issue.
  • Illegal possession or distribution of illegal substances within the office premises.
  • Misuse or failure to safeguard confidential information.

Thus, gross misconduct is a serious offense that might lead to severe consequences, such as termination of the employment contract.

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