COMMON WORKPLACE MISCONDUCT THAT OFTEN GOES UNPUNISHED

Often in many workplaces, misconduct is addressed through a structured disciplinary process. However, some forms of misconduct often go unnoticed or unpunished, leading to a decline in productivity, and overall workplace integrity. Employers must address these behaviours in line with South African Labour Laws and Company policies and procedures.

Below are common types of workplace misconduct that frequently go unnoticed, along with strategies to manage them effectively.

1. Stealing Company Time

Time theft occurs when employees engage in non-work-related activities during paid hours, such as extended breaks, excessive personal phone use, or falsifying working hours.

Examples:

Arriving late but asking a colleague to clock in on their behalf.
Taking long lunch breaks or leaving for personal errands.
Engaging in personal phone calls or social media instead of working.

How to Address It:

Use time-tracking software or biometric attendance systems.
Set clear policies on breaks and remote work.
Apply progressive discipline, starting with warnings.

2. Dishonesty and Misrepresentation

Lying about work completed, falsifying reports, or misrepresenting qualifications can harm businesses.

Examples:

Inflating sales figures for higher commissions.
Providing fake qualifications or experience on a CV.
Submitting false medical certificates to justify absenteeism.

How to Address It:

Conduct regular audits and cross-check reports.
Establish an integrity policy with clear consequences.
Enforce progressive discipline, including dismissal for severe cases.

3. Abuse of Company Resources

Employees may misuse company property for personal gain, such as unauthorized use of office supplies or company vehicles.

Examples:

Printing personal documents using office printers.
Using a company credit card for personal purchases.
Taking office supplies or equipment for home use.

How to Address It:

Set strict policies on resource usage.
Monitor usage through logs and audits.
Enforce disciplinary measures for repeat offenders.

4. Unreported Workplace Bullying or Harassment

Bullying and harassment often go unreported, particularly if the perpetrator holds a position of authority, creating a toxic work environment.

Examples:

A manager belittling an employee in front of colleagues.
Employees spreading false and or harmful rumors.
Excluding an employee from meetings or opportunities due to bias.

How to Address It:

Implement a confidential reporting system.
Train managers and staff on handling harassment.
Take disciplinary action against offenders.

5. Conflict of Interest and Unethical Behaviour

Engaging in competing side businesses, accepting bribes, or showing favoritism undermines company ethics.

Examples:

Awarding contracts to a friend’s business without proper evaluation.
Running a side business using company time and resources.
Accepting gifts or money in exchange for preferential treatment.

How to Address It:

Require disclosure of conflicts of interest.
Establish a compliance framework for ethical decision-making.
Enforce disciplinary measures for breaches.

6. Failure to Follow Company Policies

Ignoring safety protocols, dress codes, or company procedures disrupts workplace operations.

Examples:

Not wearing required safety gear in hazardous environments.
Ignoring cybersecurity policies, such as sharing passwords.
Repeatedly disregarding dress codes in customer-facing roles.

How to Address It:

Educate employees on policies regularly.
Reinforce compliance through training and monitoring.
Use progressive discipline for repeated non-compliance.

Implementing Progressive Discipline in South Africa

Labour Laws emphasize fairness in disciplinary actions. Employers should address misconduct through to ensure a fair process:

Verbal Warnings – For minor infractions.
Written Warnings – For repeated offenses.
Final Written Warnings – For serious or continuous misconduct.
Disciplinary Hearings – If termination is considered.

The Labour Process After Warnings

If an employee continues to engage in misconduct after receiving warnings, the employer must follow due process before considering termination. The next steps would involve:

Investigation: The employer should gather evidence, speak to witnesses, and document instances of repeated misconduct to ensure a fair process.
Notice of Disciplinary Hearing: The employee must receive written notice detailing the alleged misconduct, the date and time of the hearing, and their right to bring a representative (such as a union representative or fellow employee).
Disciplinary Hearing: A formal hearing allows both parties to present evidence and arguments. The employer must act fairly and allow the employee to respond to the allegations.
Decision and Sanctions: If misconduct is proven, appropriate disciplinary action is taken, ranging from a final warning to dismissal, depending on the severity of the offense.
Right to Appeal: Employees have the right to appeal the decision internally if they believe the process was unfair or the sanction was too severe.
Referral to the National Bargaining Council: If the employee believes they were unfairly dismissed, they may take the case to the National Bargaining Council for Hairdressing, Beauty and Skincare Industry for dispute resolution.

Remember to consult with your EOHCB representative for guidance throughout the process, ensuring compliance with legal requirements and a fair procedure for all parties involved.

By recognizing and addressing these often-overlooked forms of misconduct, employers can foster a more productive, ethical, and fair workplace. Taking proactive steps to manage misconduct not only strengthens workplace culture but also protects the company from potential legal risks. When employees understand that rules are enforced consistently and fairly, they are more likely to uphold professional standards, creating a work environment that thrives on accountability, trust, and respect. A disciplined and ethical workplace ultimately leads to improved business performance, employee satisfaction, and long-term success.