It is important to know the difference between misconduct and poor performance. Confusing the two could mean your approach is completely wrong.
The main difference is in the level of control the employee has over their performance. Poor performance is when an employee tries as hard as possible but keeps falling short because they lack skill, ability or training for example. In cases of misconduct, the employee could perform better but for whatever reason deliberately chooses not to.
Poor Performance
Often these employees are unaware they are not performing well and are unlikely to initiate change. Poor performance or underperformance usually shows as a failure to do the duties of the role or to meet the standard required because the employee lacks the required skill, knowledge or training, or because the employee does not know what is expected of them.
If you do not address poor performance early, it could become more serious and start to affect the productivity and performance of the whole business.
Misconduct
Misconduct is wilful and deliberate breach of company policy or procedure. Misconduct may potentially give grounds to an employer to take disciplinary action against an employee, up to and including dismissal.
General misconduct includes the following:
- Non-compliance with workplace policies, rules or procedures
- Unacceptable behaviour at work
- Disruptive or negative behaviour that affects co-workers
General Misconduct usually reflects a disengaged, unmotivated employee whose behaviour may include the following:
- Lateness
- Poor presentation
- Unexplained absences
- Inappropriate behaviour towards other employees that affects their job
Misconduct can also be more serious behaviour and, at worst, is gross or serious misconduct, which is when the employee deliberately and wilfully behaves a way that undermines their employment, and that can cause a serious and imminent risk to someone’s health and safety or the reputation, viability or profitability of the business, for example:
- Assault
- Abusive behaviour such as bullying or harassment
- Leaking confidential documents or information
- Drinking or drug abuse at work
- Corruption
- Theft
Peninsula works with business owners and employers to analyse employee performance, review misconduct, and implement performance management strategies or disciplinary processes.Call our team on 1300751653 to find out how we can help you.
This article is for general information purposes only and does not constitute as business or legal advice and should not be relied upon as such. It does not take into consideration your specific business, industry or circumstances. You should seek legal or other professional advice regarding matters as they relate to you or your business. To the maximum extent permitted by law, Peninsula Group disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, and reliability of the information in this article.