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Disciplinary offences


Disciplinary Procedure, Offences and Measures

The procedures are set out by
 

Section 53 of the Employment Act 1995 regulates disciplinary procedures and establishes that no disciplinary measure “shall be taken against a worker for a disciplinary offence unless there has been a thorough investigation into the alleged offence”. The employer must ensure that the investigation is conducted fairly and that at every stage, the worker has the opportunity to state his or her case and be assisted by a fellow employee, trade union officer or shop steward of their choice.
 

Offences

The list of offences is not to be regarded as an exhaustive list and includes; 
 

  • failure to obey a reasonable order or instruction;
  • failure to obey a health and safety requirement; 
  • inadequate time keeping; 
  • absence from work without proper cause 
  • theft or removal of the organisation’s property; 
  • loss, damage to or misuse of the organisation’s property through negligence or carelessness; 
  • incapacity for work due to being under the influence of alcohol or illegal drugs; 
  • physical assault or gross insubordination; 
  • committing an act outside work or being convicted for a criminal offence which is liable adversely to affect the performance of the contract of employment and/or the relationship between the employee and the organisation.
     

Disciplinary Measures (Part III of Schedule 2 of the EMPLOYMENT ACT 1995)
 

In the event of the commission of a disciplinary offence any one or more of the following disciplinary measures may be taken; 
 

(a) a written warning which may be copied to the Union; 

(b) recovery of cost for any damage done to, or loss of, the property of the employer; 

(c) non-payment of wages for any unauthorised absence from work; provided that an 

employer may deduct the equivalent of 3 days wages for each day of unauthorised 

absence from work for each second or subsequent unauthorised absence within 

a period of 12 months; 

(d) withholding of annual merit increments; 

(e) redeployment; 

(f) demotion; 

(g) suspension from work without pay for a period of up to 14 days; 

(h) termination of employment with notice or payment in lieu of notice; 

(i) termination of employment without notice i.e. instant dismissal without payment of 

compensation; 

(j) such other measures as the Minister may prescribe.

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