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You've got employee problems - but is it poor performance, misconduct or serious misconduct?

October 4th, 2011 by Sharn Rayner
We regularly encounter employers who have put up with badly behaving employees for months, even years, because they just don’t know if what the employees is doing is wrong in the eyes of the law; or, they just aren’t clear of what the terms mean – which results in them avoiding the issue, hoping that it just goes away. Here are definitions and a few examples to help you gain a clearer understanding of the different terms.
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Poor Performance

Repeated poor performance, for example, lack of attention to detail during an activity, continual mistakes when you are aware the staff member knows better, not meeting deadlines, regular customer complaints.

Often introducing a performance improvement plan which focuses on the required expectations and strategies to achieve those goals can be all that is needed to improve performance. Though sometimes training or other resources are needed to help poor performers get back on track too.

If improvements are not seen over the review period, it may be necessary to further the performance management process.

Misconduct

Misconduct means some form of wrongdoing, usually this is a deliberate act and could include failing to carry out a reasonable and lawful instruction by you or another manager.

This also includes situations where a staff member acts so carelessly that it amounts to misconduct, for example, gross negligence or recklessness.

Serious Misconduct

This type of misconduct has a number of separate categories:

  • Serious misconducte.g. turning up drunk to work, stealing resources, harassment, the use of illegal drugs at work, physical assault
  • Willful disobediencee.g. deliberately disobeying lawful and reasonable instructions
  • Serious neglect of dutye.g. disregarding safety procedures putting others at risk
  • Gross incompetencee.g. a staff member not having the skills that they claimed to have at the interview, meaning they are unable to perform their job, falsification of records

What is meant by disciplinary action and dismissal?

If any of the above are identified in your business, there are steps you can take to manage the situation.

‘Disciplinary action’ – this should be seen primarily as a corrective measure, aimed at preventing further misconduct or poor performance.

The most common types of disciplinary action are:

  • Warnings
  • Dismissal in serious cases

Disciplinary action can sometimes mean suspension from work, verbal/written warnings, the removal of certain privileges, or, in rare instances, demotion.

‘Dismissal’ means termination of employment by the employer.

Are any of these scenarios sounding familiar?

If you have employees behaving badly within your team, don’t suffer in silence.  Your focus should be on growing your business, not having to worry about staff that may be negatively impacting upon the success of your business. 

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About the author

Sharn Rayner's picture
Sharn Rayner
Pod Consulting Limited
http://www.podconsulting.net.nz

I began my career in sports development, leisure management, training and coaching. Since then I have developed my skills to focus on working with businesses in the areas of facilitation, organisational development and human resources.

I work with the team to develop and implement the best and most appropriate human resource and organisational development practices – ensuring that businesses we work with improve employee performance, productivity and ultimately through enhanced processes and planning, profitability.

I am a member of the Human Resources Institute of New Zealand (HRINZ). I have a BA Honours in English Literature, a Post Graduate Diploma in Sports Development and training in all aspects of employee selection (including psychometric interpretation, structured interviews, assessment and development centre exercises, assessment design and facilitation, increasing productivity through 360-degree surveys, team-building, career guidance, leadership training, culture and climate surveying, job analysis, competency modelling and human resource metrics). I am currently undertaking a Graduate Diploma in Human Resource Management.

Auckland