Gross Misconduct. If the Participant’s employment with the Company or an Eligible Subsidiary is terminated for Gross Misconduct as determined by the Administrator, the Administrator in its sole discretion may provide that all, or any portion specified by the Administrator, of the Participant’s unvested RSUs shall automatically terminate as of the time of termination without consideration. The Participant acknowledges and agrees that the Participant’s termination of employment shall also be deemed to be a termination of employment by reason of the Participant’s Gross Misconduct if, after the Participant’s employment has terminated, facts and circumstances are discovered or confirmed by the Company that would have justified a termination for Gross Misconduct.
Gross Misconduct. If the Participant’s employment with the Company or an Eligible Subsidiary is terminated for Gross Misconduct, the Participant’s unvested PSUs shall automatically terminate as of the time of termination without consideration. The Participant acknowledges and agrees that the Participant’s termination of employment shall also be deemed to be a termination of employment by reason of the Participant’s Gross Misconduct if, after the Participant’s employment has terminated, facts and circumstances are discovered or confirmed by the Company that would have justified a termination for Gross Misconduct.
Gross Misconduct. If the Optionee’s employment with the Company or an Eligible Subsidiary is terminated for Gross Misconduct, the Optionee’s unexercised Options shall terminate immediately as of the time of termination, without consideration. The Optionee acknowledges and agrees that the Optionee’s termination of employment shall also be deemed to be a termination of employment by reason of the Optionee’s Gross Misconduct if, after the Optionee’s employment has terminated, facts and circumstances are discovered or confirmed by the Company that would have justified a termination for Gross Misconduct.
Gross Misconduct. If the Optionee is terminated as an Eligible Director by reason of Gross Misconduct as determined by the Administrator, the Administrator in its sole discretion may provide that all, or any portion specified by the Administrator, of the Optionee’s unexercised Options shall terminate and be forfeited immediately, without consideration. The Optionee acknowledges and agrees that the Optionee’s termination shall also be deemed to be a termination by reason of the Optionee’s Gross Misconduct if, after the Optionee’s active service-providing relationship has terminated, facts and circumstances are discovered or confirmed by the Company that would have justified a termination for Gross Misconduct.
Gross Misconduct. Allegations of Gross Misconduct will be investigated thoroughly by the Department Director, and heard by the Chief Executive and the Department Director. At least one Trustee of the Company must be present at a hearing. If an employee is found to have committed Gross Misconduct then she/he is liable for dismissal with or without notice, although a lesser penalty may be imposed by those hearing the case.
Gross Misconduct. If the Participant’s employment with the Company or an Eligible Subsidiary is terminated for Gross Misconduct, the Participant’s unvested RSUs shall be forfeited immediately as of the time of termination without consideration.
Gross Misconduct. 4.1 Allegations of gross misconduct will be investigated by the investigating officers (staff or officers) who currently undertake this function in their respective forces.
4.2 The investigation of gross misconduct by police officers is investigated by PSD in both forces.
4.3 The investigation of gross misconduct by police staff may be a joint PSD/HR investigation for criminal matters.
Gross Misconduct. Employee is guilty of gross misconduct. For the purposes of the Agreement, the following acts shall constitute gross misconduct as solely determined by the Company:
(i) Any act involving fraud or dishonesty or breach of appropriate regulations of competent authorities in relation to trading or dealing with stocks, securities, investments and the like;
(ii) The carrying out of any activity or the making of any statement which would prejudice and/or reduce the good name and standing of the Company or any of its affiliates or would bring any one of these into contempt, ridicule or would reasonably shock or offend any community in which these companies are located;
(iii) Attendance at a Company worksite in a state of intoxication or otherwise being found in possession on Company or any of its affiliates' property of any prohibited drug or substance, possession of which would amount to a criminal offense;
(iv) Assault or other act of violence against any employee of the Company or other person during the course of his employment; or
(v) Conviction of any felony or misdemeanor involving moral turpitude.
Gross Misconduct. If there is gross misconduct by an employee he may be subject to summary dismissal or may be suspended on full pay pending the outcome of enquiries into the misconduct. Dismissal without notice may result from such enquiries. Gross misconduct is behaviour of such a nature that the Company is unable to tolerate the continued employment of the individual concerned. The following list is neither exhaustive nor exclusive but is inclusive of the types of misconduct which will normally result in dismissal:–
(a) theft of Company property;
(b) theft of property not belonging to the Company whilst engaged, or purporting to be engaged on Company business;
(c) wilful damage to, or misuse of, Company property or resources;
(d) wilful damage to, or misuse of, property or resources not belonging to the Company whilst engaged or purporting to be engaged on Company business;
(e) physical or indecent assault on any person whilst engaged or purporting to be engaged on Company business;
(f) grossly indecent abusive or threatening behaviour towards any person whilst engaged or purporting to be engaged on Company business;
(g) fighting at work;
(h) wilful breach of specified safety rules;
(i) dishonest or fraudulent acts;
(j) wilful provision of false or misleading information or wilful non-disclosure of information which materially affects the employee’s contract of employment;
(k) wilful breach of confidentiality or abuse of authority;
(l) criminal conviction/civil liability or other unacceptable conduct which renders the employee unsuitable to carry out the duties and responsibilities of the post, whether or not the conduct occurred while on duty;
(m) gross carelessness or negligence in carrying out the duties and responsibilities of the post.
Gross Misconduct. The following list provides examples of offences which are normally regarded as gross misconduct. This list is not exhaustive and other serious misconduct may also lead to summary dismissal:
9.5.1 theft, fraud, deliberate falsification of records, dishonesty, fighting, assault, violence, unauthorised possession of property belonging to the Manager, damage to the Manager’s property, incapacity for work due to being under the influence of alcohol or illegal drugs, serious negligence which causes unacceptable loss, damage or injury, serious act of insubordination, misuse of confidential information, unauthorised entry to computer records, conviction for a criminal offence arising from or relating to the Musician’s work for the Manager, conduct whether inside or outside working hours which may bring the Manager’s reputation into disrepute, serious or persistent gross neglect of duties or any material breach or non-observance of those duties – in particular refusal to obey reasonable instructions, unauthorised absence from work (including conduct inconsistent with an alleged sickness, injury or other incapacity).
9.5.2 If the Musician is accused of an act of gross misconduct, the Musician may be suspended from work on full pay while the Manager investigates the alleged offence. If, on completion of the investigation and the Disciplinary Procedure, the Manager is satisfied that gross misconduct has occurred, the result will normally be summary dismissal without notice or payment in lieu of notice.
