Introducing Gross Misconduct in Workplace
In this article, I aim to introduce misconduct in workplace. Misconduct, the second ground for dismissal recognised by the Employment Protection (Consolidation) Act, covers a multitude of sins. There is no exact legal definition for misconduct, so it is up to case law that will be providing us with guidance on what constitutes misconduct. Employees’ conduct, among others, that could be misconduct could include the following: 1. Serious disobedience: an employer seeking to dismiss for serious disobedience must establish, first of all, that the order which he says was disobeyed was a lawful and reasonable one. Orders are lawful and reasonable if and insofar as they are within the terms of the employment contract. Instances of disobedience include: 1.1. An industrial relations manager’s refusal to attend a company meeting to discuss his policies: Lambsdale v H.M.S.O (1975) 1.2. Nurse refusing to treat patients: Riley v Kirklees A.H.A (1977) 1.3. Hospital porter’s ...
