FORMS OF MISCONDUCT Clause Samples
The "Forms of Misconduct" clause defines and categorizes behaviors or actions that are considered unacceptable or in violation of the agreement. It typically outlines specific examples such as fraud, theft, harassment, or other unethical conduct, and may distinguish between minor and serious offenses. By clearly identifying what constitutes misconduct, this clause helps set expectations for acceptable behavior and provides a basis for disciplinary action or contract termination if such conduct occurs.
FORMS OF MISCONDUCT. 2.1 Forms of misconduct An employee shall be guilty of misconduct if the employee:
(a) is an educator and fails to comply with the provisions of any law relating to education;
(b) fails to comply with any provisions of his contract of employment or any of the employer’s Codes of Conduct, the employer’s Policies or similar directives;
(c) performs or causes or permits to be performed or assists in any act which is prejudicial to the administration, discipline or efficiency of the business;
(d) disobeys, disregards or willfully defaults in carrying out a lawful order given to the employee by a person having the authority to give the order, or by word or conduct displays insubordination;
(e) is negligent or indolent in carrying out his duties;
(f) undertakes any private work from which the employee derives a benefit without complying with the requirements in this regard in the employee’s contract of employment;
(g) behaves in a disgraceful, improper or unbecoming manner, or, while on duty, is discourteous to any person, assaults or threatens to assault any person, or commits sexual or any other form of harassment;
(h) while on duty or acting in an official capacity, is under the influence of intoxicating liquor or stupefying drugs;
(i) without prior permission of the employer, discloses otherwise than in carrying out the employee’s official duties, information gathered or obtained in the course of the employee’s employment, or uses that information for any purpose other that the employee’s official duties;
(j) without prior permission of the employer, accepts or demands for the carrying out of the employee’s duties any commission, fee, monetary or other reward, or fails to report to the employer the offer of such commission, fee or reward;
(k) misappropriates or makes improper use of any property of the employer;
(l) commits an offence which is of such a nature that it has an impact on the employment relationship between the employer and employee;
(m) without leave or a valid reason, is absent from duty;
(n) makes a false or incorrect statement, whilst knowing it to be incorrect or false, in connection with the employer’s official position or duties with a view to obtain any privilege or advantage, or with a view to cause prejudice or injury to the employer or another employee;
(o) breaches the employee’s common law duty of good faith towards the employer in any manner.
2.2 Offences committed by employee The acquittal or conviction of an employee by a court o...