MISCONDUCT/DISCHARGE/DISMISSAL

AND DOMESTIC ENQUIRY

PREESENTED BY : ABHISHEK SHIVAM (3703)
KAJAL SOOD (3700)
APOORVA SHARMA (3705)
MISCONDUCT

• Case law defines misconduct as a substantial or intentional disregard of the employer’s

interests. The deliberate nature of the act is a crucial component of the definition.

• Misconduct is wrongful, improper, or unlawful conduct motivated by premeditated or

intentional purpose or by obstinate indifference to the consequences of one's acts.

• In other words, Misconduct is intentional wrongdoing or improper behaviour or deliberate violation

of a law or standard, especially by a professional.
TYPES OF MISCONDUCT

• Workplace misconduct falls into two categories:

1. Gross Misconduct

2. General Misconduct
GROSS MISCONDUCT

• Gross misconduct is an act, often but not always considered illegal, performed by an employee.
The act is serious enough to warrant an immediate firing.

• The employee might be dismissed without notice or pay in lieu of notice even for a first offense.

• The employee handbook should have a clearly defined misconduct section that reviews what is
considered a gross misconduct offense.
EXAMPLES OF GROSS MISCONDUCT
• Because the law is subject to interpretation, it is important to outline the most egregious
misconduct examples that lead to dismissal. While the list may not be complete, it
should cover the most common gross misconduct acts.

1. Theft and Fraud

2. Damage to Property
3. Breach of Safety Protocol
4. Offensive Behaviour
5. Drug and Alcohol Use
GENERAL MISCONDUCT

• General misconduct is not egregious, meaning it isn't an intentional act to harm the company or
another person.

• General misconduct, also called simple misconduct, is not usually a situation in which a person
is summarily dismissed on the spot.

• Employers must document instances of general misconduct in the employee's file and provide
the employee with a written warning that serves as proof of notice should the situation escalate
beyond a single instance.
EXAMPLES OF GENERAL MISCONDUCT

• Examples of general misconduct include:

1. Insubordination.
2. Chronic Tardiness or Absences.
3. Inappropriate or rude comments to co-workers or customers.
4. Mispresenting job application data.
HOW TO PREVENT MISCONDUCT IN WORKPLACE

• Following six steps can be taken in order to prevent Workplace Misconduct :

1. Establish straightforward guidelines

2. Promote Knowledge
3. Provide Tools
4. Being Proactive
5. Employ Data Monitoring
6. Foster Ethical Behaviour
DISCHARGE

• It is a permanent separation of an employee from the pay-roll for violation of company rules or for
inadequate performance.
• A discharg becomess necessary :
1. when the volume of business does not justify the continuing employment of the persons involved;
2. when a person fails to work according to the requirements of the job either because of incapacity or
because he has deliberately slowed down work, or because there is no suitable place where he can be
transferred;
3. when he forfeits his right to a job because of his violation of a basic policy often involving the safety of
others, the morale and discipline of a group.
CAUSES OF DISCHARGE
• A discharge seldom arises suddenly or from a single impulsive act.

• Many causes account for it. Some of these are :

1. Frequent causes : Inefficiency, dishonesty, drunkenness, carelessnessss or indifference, violation of rules.

2. Infrequentt causes : Accidents, insubordination, personal cleanliness, infraction of rules, destructive

negligence, wastefulness, and physical unfitness.

3. Otherr causes : Lack of co-operation, laziness, tardiness in starting work, frequent absence without leave,
lack of specific skill, preventing promotion, adverse attitude towards the organisation.
DISCHARGE PROCEDURE

• To avoid unnecessary grievances arising from discharges, proper rules should be framed to govern
them. To demonstrate that a discharge is justified and does not arise out of unfair discrimination or
personal prejudice of the supervisor, evidence needs to be produced on:

1. permanent records of all merit ratings made by supervisors.

2. permanent records of ratings ofthe defendant's traits maintained by persons other than the foreman.
3. a memorandum bearing on the efforts made by the foreman supervisor to help the defendant to
overcome his weaknesses.
4. a copy of any warning that had been sent to him.
5. the letter of discharge, especially if the letter states the cause of the discharge.
DISMISSAL
• Employee dismissals are terminations from employment executed by an employer against the will
of an employee.

• Dismissal is the biggest punishment which an employer can give to an employee. It is the termination of services
by way of punishment for some misconduct or for unauthorized and prolonged absence from duty.

• The word, 'dismiss' or remove in Article 311 of the Constitution comprehends every termination of the services of
a government servant.

• Dismissals are very much a last resort for an employer to take. In the event of an employer deciding
that dismissal is the only option, it must be conducted fairly and without prejudice.

• Before a situation reaches dismissal, employers will need to have followed their disciplinary
policies and demonstrated that they have reasonably tried all other methods to solve the problem
before resorting to dismissal.
TYPES OF DISMISSALS
• Different types of Dismissals are as follows :

1. Fair Dismissal
2. Voluntary Dismissal
3. Unfair Dismissal
4. Constructive Dismissal
5. Wrongful Dismissal

A dismissal may be a Summary Dismissal i.e. a dismissal without prior notice or

warning/s which is for serious misconducts or it may be due to poor work
performance of the employee or less serious misconduct by the employee in
which prior warning/s are given to the employee.
PROCEDURE FOR DISMISSAL:

• In order to be lawful, the dismissal of an employee

1. must be substantively justified,

2. and must be conducted in a procedurally fair manner.
ALTERNATIVES THAT CAN BE TAKEN TO AVOID
DISMISSALS
• Dismissing employees should always be a last resort. Firstly, because it’s much better to avoid
the staff turnover and employee relations costs that come with firing someone. And secondly,
letting an employee go always carries the risk of an unfair dismissal claim.
• It’s usually better to resolve performance or conduct issues and retain the skills and knowledge
of your staff. Here are some useful alternatives to employee dismissal :
1. Trying to solve the issues informally.
2. Using formal disciplinary procedures.
3. Issuing a formal warning or putting them on probation.
4. Offering alternative employment.
5. Agreeing on a settlement and part by mutual agreement.
DOMESTIC ENQUIRY

• A domestic inquiry, in the context of human resource management , is a search for

truth , facts, or circumstances concerning charges alleged by the employer against its
employee.

• It is an inquiry created by the managent against its own employee who allegedly
committed certain acts of misconduct.

• Objectivity is guaranteed in the inquiry and this is demonstrated in the way the
employee is allowed full opportunity to present his case, including the evidence to
support his arguments.
DOMESTIC ENQUIRY

• The process is also recorded while the investigating officers must not be related to the incident or the individuals
involved.

• It is included in Section 75(1) of the Indian Industrial Relation Bill, which limits the domestic inquiry to 90 days.

• It is important to note that the domestic inquiry does not pass judgment or meet out punishment since it is merely
a fact-finding exercise.

• Furthermore, its findings can also be questioned by the employee on all grounds available to him in law and on
facts.

• On the other hand, the management can defend its action later on by citing that a proper domestic inquiry was
conducted.
PRINCIPLES OF DOMESTIC ENQUIRY

• Following are the Principles of Domestic Enquiry :

1. Rule of Natural Justice must be observed.

2. The delinquent is entitled to a just hearing.
3. One can call for his own evidence.
4. Cross-examine any witness called by the prosecution.
5. Where rules are laid down, the procedure of such rules must be followed.
6. Do not examine any witness in the absence of the employee.
7. The enquiry officer is at liberty to disallow any evidence after recording the reasons in writing.
THANK YOU!