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  • Frequently Asked Employment Questions - What types of behaviour count as gross misconduct?
    There's no statutory definition, but it's widely accepted that it's behaviour that's so serious that the dismissal of the offending employee is a fair reaction. There's no comprehensive list but the most common examples are violence at work, theft, dishonesty, industrial sabotage, indecent behaviour, sexual assault, intoxication through drink or drugs, setting up in competition whilst employed and serious breaches of health and safety rules. Tip. The absence of a statutory definition means that you can also...
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  • Frequently Asked Employment Questions - Can we suspend an employee without pay?
    No, not only would this amount to penalising an employee before they've had a chance to state their case in a disciplinary hearing, the employee could: (1) sue you for unlawful deduction of wages; and (2) resign and claim constructive dismissal.
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  • Frequently Asked Employment Questions - How can we tighten up on sloppy timekeeping?
    Start by gathering examples of poor time-keeping, e.g. arriving late for meetings, leaving work early etc. Once you've done this, arrange an informal meeting to see if there is a genuine explanation. In some cases (particularly where an employee was previously punctual) it may be that there are domestic problems, such as family illness, so exercise sensitivity. If no good reason is given, say that you expect an immediate improvement. Also, set a date for matters to be reviewed. If the problem persists, make...
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