Knowing Your Rights – Misconduct in the Workplace

Managers need to deal with a variety of challenges in the workplace on a daily basis. These issues include, but are certainly not limited to: conflict, grievances and issues relating to breaches of workplace policies.

Prompt and appropriate responses to misconduct in the workplace help to create a climate of positivity in the organisation. It is important that staff know that misconduct and unsatisfactory work performance will be dealt with fairly and in a timely fashion. It is only when misconduct is treated seriously that a successful, productive, happy and fulfilling work environment can exist.

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You Have Rights And It’s Important To Know Them

If a complaint or an allegation of misconduct has been made against you, or if you believe that another person in your workplace is not performing satisfactorily or in line with company policy, you might wish to seek the advice and guidance of legal professionals such as Patinos Personal Lawyers – click here , for further information about credible lawyers and how they can support you with issues in the workplace.

What can you expect from your employer and workplace?

Employers and workplaces have an ongoing responsibility to provide work environments which are safe and supportive. In return, they can and should expect employees to maintain high standards of conduct and work performance. In a high-quality and high-performing workplace, commitment to excellence, management of underperformance, valuing of diversity, and respect, fairness and dignity for all should be present.

In such workplaces, all types of harassment (including sexual harassment), discrimination, bullying, threatening behaviour and violence are not tolerated. In situations where such misconduct exists, managers must act on all complaints and/or evidence of misconduct brought to their attention, regardless of whether a formal complaint has been made.

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Fairness For All People

As matters of misconduct are dealt with, a just process should be followed. The parties involved should know about their rights that may be similar or the same as the following:
• Employees have the right to know any allegation that has been made against them
• Each party involved has the right to be heard regarding the allegation(s)
• Each party has the right to fair treatment
• Each employee has the right to have a support person or representative with them as formal interviews take place
• Each party has the right to expect the investigator and decision maker to act with fairness and good faith
• All people involved have the right to know that any decision made will be based on evidence.

Misconduct in the workplace needs to be dealt with promptly and fairly. Such a response to misconduct not only benefits the parties involved, it is also vital in the creation and promotion of a workplace which is fair, positive, healthy and safe for all. Because complaints and allegations of misconduct do require a timely, just and thorough investigation, it is highly advisable that you seek the support of qualified legal professionals if you are involved in such a situation.


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