Misconduct

Misconduct | Bestar

Misconduct Defined

Misconduct generally refers to any type of behavior that is considered wrong, improper, or unethical. It can encompass a wide range of actions, from minor infractions to serious crimes. The specific definition of misconduct can vary depending on the context, such as in a professional setting, a legal proceeding, or a social situation.

Some common examples of misconduct include:

• Sexual harassment or assault: This can involve unwanted sexual advances, requests for sexual favors, or any other form of sexual coercion or abuse.

• Fraud or embezzlement: These terms refer to dishonest or illegal activities involving money or property.

• Abuse of power: This can occur when someone in a position of authority uses their power to exploit or harm others.

• Negligence or malpractice: These terms refer to the failure to exercise reasonable care or skill, which can result in harm to others.

• Discrimination or harassment: This can involve treating someone unfairly or disrespectfully based on their race, gender, religion, sexual orientation, or other protected characteristics.

The consequences of misconduct can vary depending on the severity of the offense and the applicable laws or regulations. Some possible consequences include:

• Termination of employment: This can occur when an employee engages in misconduct that violates company policies or laws.

• Legal penalties: This can include fines, imprisonment, or other legal sanctions.

• Professional discipline: This can involve sanctions such as suspension or revocation of a professional license.

• Reputational damage: This can occur when misconduct is made public, which can damage a person's reputation and career prospects.

It is important to note that misconduct can have serious consequences for both individuals and organizations. It is therefore important to be aware of the different types of misconduct and to take steps to prevent and address it.

Misconduct Found

If the inquiry establishes a case of misconduct, the employer can instantly downgrade the employee.

Your Employer Can Deduct Your Salary

Your employer can deduct your salary only for the following reasons:

For damage or loss of money or goods including work gear, tools, equipment, and vehicles. Your salary will be deducted if you lost money that you are responsible for. Before deducting your salary, your employer should:

• Hold an inquiry to determine if you are directly at fault.

• Not make any deductions until you have had the opportunity to explain the cause of the damage or loss.

Under Singapore's Employment Act, an employer can instantly downgrade an employee if an inquiry establishes a case of misconduct. This is one of the disciplinary actions available to employers in such situations.

Key Points to Remember:

• Due Inquiry: Before taking any disciplinary action, the employer must conduct a thorough inquiry to gather evidence and give the employee a chance to explain their side of the story.

• Just Cause: The misconduct must be serious enough to warrant a downgrade. The employer must be able to demonstrate that the misconduct was inconsistent with the employee's duties or the employer's reasonable expectations.

• Other Disciplinary Actions: In addition to downgrading, an employer may also choose to:

  • Dismiss the employee without notice: This is the most severe disciplinary action.

  • Suspend the employee without pay: This is a temporary measure that can be used to punish the employee and deter future misconduct.

It's important to note that downgrading an employee can have significant consequences for their career and income. If an employee believes that they have been unfairly downgraded, they may have recourse through the Ministry of Manpower or the Employment Tribunal.

How Bestar can Help

Bestar in Singapore can provide invaluable assistance in navigating the complexities of workplace misconduct. Here's how we can help:   

For Employees:

• Understanding Rights and Obligations: Bestar can explain your rights and obligations under Singapore's employment laws, including those related to disciplinary procedures, termination, and discrimination.   

• Investigating Misconduct Claims: If you're accused of misconduct, Bestar can help you understand the allegations, gather evidence, and prepare a defense. We can advise you on how to respond to disciplinary inquiries and represent you in any hearings or investigations.   

• Negotiating Settlements: If your employment is terminated due to misconduct, Bestar can help you negotiate a severance package or other forms of compensation.   

For Employers:

• Developing Workplace Policies: Bestar can help you develop and implement clear and enforceable workplace policies on misconduct, including policies on harassment, discrimination, and disciplinary procedures.   

• Conducting Internal Investigations: If misconduct is suspected, Bestar can advise you on how to conduct a fair and impartial investigation, gather evidence, and interview witnesses.   

• Disciplining Employees: Bestar can advise you on the appropriate disciplinary action to take in cases of misconduct, ensuring that the action is fair, consistent, and in accordance with the law.   

Key Benefits of Hiring Bestar:

• Expertise: Bestar has in-depth knowledge of Singapore's employment laws and regulations.   

• Advocacy: We can advocate for your rights and interests in negotiations.

• Objectivity: We can provide objective advice and guidance, helping you make informed decisions.   

• Peace of Mind: Knowing you have experienced professional representation can provide peace of mind and reduce stress during a challenging situation.

Free Consultation