Serious Misconduct and Willful Misconduct

Serious and willful misconduct is sometimes relied upon by employers as a basis for terminating employees. What constitutes serious and willful misconduct in any number of enterprises will vary depending on the type of operation and the sensitivity of the information with which the relevant person is dealing.

Where you are dealing with private and confidential information at any time always ensure that it is dealt with appropriately.Unfortunately much sensitive information is dealt with by email including where a person is put under pressure by his/her employers over performance-related issues. It behoves everyone who is sending private and confidential information by email to ensure that it is properly sanitised so that it does not become the basis for termination. Some companies have very restrictive email policies and private email is considered sufficient reason for termination, particularly where it discloses matters about company operations and policies to others e.g. employment/disciplinary policies.

Serious misconduct is misconduct which is measured objectively. All one needs to do is to show that the conduct was intrinsically serious e.g. assault, fraud, theft, breaches of health and safety regulations, intoxication, any breach of confidentiality, disobedience of lawful and reasonable instruction, disrespect in the workplace, matters associated with the operational viability of the employer's enterprise, the use of indiscriminate email and conduct which by its very nature is pregnant with imminent and serious risk.

Many frauds stem from the fact that one person may be the only one dealing with payments and that person may have the opportunity to fake suppliers and accounts, as well as false invoices. It is therefore important to ensure that no single person has sole control over payment systems.

Some of the underlying causes of why employees commit theft from their employers may be to feed an addiction, such as gambling, drugs or alcohol. Fraud can also be triggered by a period of financial distress, such as a messy divorce. However not everyone fits this profile and there may be many other reasons or factors involved. It can actually be anyone who has the opportunity and desire. Companies need to watch for employees who are under financial stress or whose lifestyle is out of line with their salary.

Some of the things a company can do to identify and track employee theft is through specialized software, which is able to track and report anomalies. There are other red flags to look for such as employees who don't want to take leave, or seem to have a lifestyle out of line with their remuneration.

Source: http://ezinearticles.com/6295509

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