Common use of Gross Misconduct Clause in Contracts

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. 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 misconduct of such a nature that it fundamentally breaches the contractual relationship between the employer and the employee and justifies the management in no longer accepting the continued presence of the employee at work. Summary dismissal, (i.e. dismissal without notice or pay in lieu of notice), will normally follow where the Company is unable to tolerate the continued employment has reasonable grounds for believing that gross misconduct has been committed, or where there has been a serious and fundamental breach of Company rules or of the individual concernedcontract of employment. The following are some examples of gross misconduct, however the 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, exhaustive: ¨ Disloyalty 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 security; ¨ Theft or attempted theft from the Company, its employees, customers or any third party, ¨ Other offences of authority; dishonesty; ¨ Harassment on the grounds of sex, race or disability, religion, sexual orientation or age of colleagues, or any other person whilst on Company business; ¨ Disorderly conduct at work, including fighting, assaulting another employee, violence at work, swearing, shouting or threatening behaviours and other action of an offensive nature on customer site, or at a work related function; ¨ Serious misuse of Company resources (lsee section 2 above) criminal conviction/civil liability ¨ Forgery, falsification of records or documents (including the submission of false expenses); ¨ Falsifying a qualification which is a stated requirement of employment or promotion; ¨ Wilful damage to property belonging to the Company, an employee or any third parry; ¨ Being under the influence of alcohol or unprescribed drugs at work; ¨ Gross insubordination or wilful refusal to carry out reasonable Company requests or instructions; ¨ Serious negligence which causes (or is capable of causing) unacceptable loss, damage or injury; ¨ Deliberate infringement of any company rules as stated in the Company Handbook, including the health and safety rules; ¨ Any action which could damage the reputation of the Company; ¨ Rudeness or other unacceptable conduct which renders behaviour to customers. The Company reserve the right to dismiss any employee unsuitable to carry out the duties and responsibilities found guilty in a court of the postlaw of any crime, whether or not committed during working hours, which may render the conduct occurred while on duty; (m) gross carelessness employee wholly unsuitable for the job or negligence unable to carry out his work, or which may reasonably be considered to lower the good reputation the Company enjoys with its customers, suppliers and the market. Similarly, the Company reserves the right to terminate employment where an employee is involved in carrying out protracted criminal proceedings which materially affects normal attendance at work. The above examples do not represent a complete list of all possible offences for which an employee may be summarily dismissed. Other substantial offences will carry the duties and responsibilities of the postsame penalty.

Gross Misconduct. If there Gross Misconduct is gross regarded as behaviour or action by the Employee, which is of a serious nature and breaches the relationship of trust and confidence between the Employee and the‌ Company. For the purpose of this agreement examples of misconduct shall include, but shall not be confined to: • Theft, fraud or embezzlement or other dishonesty, or enabling same (from the Company, staff or public); • Whether by an employee he may be subject to summary dismissal omission or may be suspended on full pay pending otherwise, misleading the outcome Company, • Other offences of enquiries into dishonesty such as falsifying expense claims or the misconduct. Dismissal without notice may result from such enquiries. Gross misconduct is behaviour of such Company‌ records; • Making a nature that false accusation against the Company, a fellow-employee, a member of‌ the Company is unable or any third party; • Disclosure of confidential information about the Company or its members or staff; • Serious breach of rules, policies or procedures; • Insubordination, including failure or refusal to tolerate the continued employment perform work assigned; • Gross negligence; • Sexual misconduct at work; • Serious or persistent bullying or harassment of any other employee or individual on any of the individual concernedprohibited grounds in the Employment Equality Act, 1998. The following list is neither exhaustive nor exclusive but is inclusive • Fighting with another person in the workplace; • Physical Assault on another person in the workplace; • Xxxxxxxx in a threatening or intimidating manner towards a fellow staff member or any third party; • Misuse of Internet or email, voicemail and computer systems; • Falsification of a qualification essential for your job; • Deliberate damage or misuse of the types Company’s property ; • Being in possession or under the influence of misconduct which will normally result in dismissal:– (a) theft of Company property; (b) theft of property not belonging to the Company illicit drugs or alcohol 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 ; • Disregard for Health and Safety procedures and regulations; • Serious breach of specified safety rules; (i) dishonest or fraudulent acts; (j) wilful provision of false or misleading information or wilful nonany Company policy; • Non-disclosure of information which materially affects an interest in any activity of the employeeCompany, • Conviction for a criminal offence, (except such minor offences as parking or similar minor offences under the Road Traffic Acts); • Distribution of any unauthorised literature or goods on the premises; • Absence from the workplace without permission. • Engaging in bullying or harassment • Failing to comply with the Company’s contract of employment; (k) wilful breach policies. • 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 • Breach of the post, whether or within intellectual property policy. This list is not exhaustive. A matter on the conduct occurred while on duty; (m) misconduct list could constitute gross carelessness or negligence in carrying out the duties and responsibilities of the postmisconduct if sufficiently serious.