A CRIME IS NOT MAJOR MISCONDUCT

Many years ago, when I first entered this one company, I was immediately assigned an Industrial Relations (IR) case. It involved an individual who had impersonated a person of authority, sending unauthorized letters to the Ministry of Internal Affairs regarding the allocation of foreign workers. He was also collecting commissions per head for foreign workers he brokered, soliciting bribes from subcontractors, and more.

The issue dragged on unresolved due to procedural missteps, misapplication of lock-up notices, incorrect issuance of show cause and warning letters, and mishandling of the domestic inquiry process.

When I reviewed his CV, my instincts told me he had a pattern of this behaviour in previous companies. I contacted those companies and discovered a pending criminal breach of trust (CBT) case against him. A police report had already been lodged, and a warrant for his arrest was active. I immediately informed the authorities, and they apprehended him while he was loitering near the office.

The key takeaway is this - criminal acts whether CBT, assault, extortion, or illegal gambling should never be misclassified as mere “major misconduct” under IR processes.

A crime is a crime.

Mishandling such cases as internal disciplinary matters can lead to significant losses for the company. Often, a single well-documented police report can resolve what appears to be a complex internal problem.

Once PROVEN, it can be deemed as "Summary Dismissal" (immediate termination of an employee without notice)

Additional Note :

Misconduct refers to any behavior by an employee that violates company rules, policies, or acceptable standards of behavior whether stated explicitly in the employment contract, code of conduct, or company handbook.

Misconduct may include but is not limited to:

a) Insubordination (refusing lawful instructions from a superior)

b) Habitual tardiness or absenteeism (frequently late or absent without valid reason)

c) Disrespectful behavior towards colleagues or supervisors (unless sexual harassments, fighting, causing hurt etc.)

d) Violation of safety rules (unless fatality or asset destruction is involved)

e) Negligence in duty

These are typically non-criminal and often addressed through progressive disciplinary measures, verbal warning, written warning, suspension, etc.

Keep in mind, the employee still has the right to file a complaint through their union or with the Industrial Relations Department. Employers must adhere to the principles of natural justice failing to do so could result in the dismissal being deemed unfair