Generally misconduct relates to deliberate and wilful action or behaviour by an employee that
leads to breach or contravention of a rule, obligation or standard in the workplace (Lotter &
Mosime, 1983 & Nel et al, 2008). Misconduct is also a deliberate and wilful violation of the
employer’s rules as well as unreasonable or unacceptable conduct such as abusive behaviour
and or being under the influence of alcohol (Dessler, 2008 & Cole, 2002). Because of
misconduct employees can be dismissed from work with or without notice. This action may be
regarded as fair only if it is related to the conduct or the capacity of the employee, related to the
operational requirements, and effected in terms of a fair procedure (Bendix, 2001). The
maintenance of discipline in the workplace is essential, and it is the employer’s prerogative, the
employer may have no option but to terminate the contract of employment, however, it should
be guided by laid down disciplinary rules and procedures. Several authors and guidelines
are in agreement that the substantive and procedural considerations have to be taken into account
in the event the final verdict amounts to dismissal for misconduct.
From the case study above, discuss the five fair reasons for an employer to dismiss his/her
employee. 25 marks
1. Breach of rules: If an employee deliberately and wilfully violates the employer's rules, this can be considered a fair reason for dismissal. In the case study, the employee was found to have breached company policy by being under the influence of alcohol at work, which could be grounds for dismissal.
2. Unreasonable conduct: Employee misconduct, such as abusive behavior towards colleagues or insubordination, can be deemed as unreasonable conduct and a fair reason for dismissal. In the case study, the employee's rude behavior towards customers could be considered unreasonable conduct warranting dismissal.
3. Capacity: If an employee's conduct demonstrates a lack of capacity to perform their job effectively, this can be a fair reason for dismissal. In the case study, the employee's actions, such as mishandling customer complaints and failing to meet company standards, could indicate a lack of capacity to perform their duties.
4. Operational requirements: If an employee's misconduct impacts the operational requirements of the business, such as affecting productivity or damaging the company's reputation, this could be grounds for dismissal. In the case study, the employee's misconduct was negatively impacting customer satisfaction and the business's reputation.
5. Fair procedure: It is essential for employers to follow fair disciplinary procedures when considering dismissal for misconduct. This includes providing the employee with a chance to respond to the allegations, conducting a thorough investigation, and giving the employee the opportunity to improve their conduct before resorting to dismissal. In the case study, it is important for the employer to ensure that they have followed fair procedures in handling the employee's misconduct before deciding on dismissal.