preview

Labour and Industrial Relations

Satisfactory Essays

LABOUR AND INDUSTRIAL RELATIONS MISCONDUCT INTRODUCTION Misconduct could be a serious offence titled to be an unacceptable behavior by an employee or professional person. Misconduct can lead either to be a major or minor offence depending on the offence made by the person. In a misconduct case, the basic ruling is that the employer must prove beyond any doubt that the employee is guilty of the offence. Taking this into view it must be understood that the employee does not need to prove his innocence but the employer need to prove his guilt. Decision making is the back bone behind any business activity. Without decisions, nothing moves and business leaders tasked with making them need the right information to ensure they are taking the right type of action. SULNAYAH MOHD ISA V. SEKOLAH KANAK-KANAK PEKAK SELANGOR & ANOR [1999] Case laws have defined the meaning of misconduct to be any conduct on the part of employee which is inconsistent with the faithful discharge of his duties, or any breach of the express or implied duties of an employee towards his employer. It is also known as a form of improper behaviour or an intentional wrongdoing or a deliberate violation of a rule or standard of behaviour. In the case of Sulnayah Mohd Isa v. Sekolah Kanak-Kanak Pekak Selangor & Anor [1999] 6 CLJ 234 and 235 where the High Court decided inter alia: An employer cannot terminate the services of a worker during her probationary period. However, a dismissal could be effected

Get Access