7 examples of workplace misconduct (2024)

Corporate fraud, bribery and espionage spring to mind when people think about whistleblowing. It’s often what we hear about in the media or see in the movies. In reality, there are many types of workplace misconduct. But knowing what these are isn’t easy. So guide employees by writing examples in your whistleblowing policy.

Why help employees recognise misconduct at work?

Providing examples in your organisation’s whistleblowing policy helps employees separate grievances from harmful wrongdoing.This can help save time and resource by keeping issues that are for HR out of the whistleblowing channel. Also, by detailing a broad scope of reportable misconduct, it indicates a commitment to discouraging unethical behaviour and protecting your workforce.

Here are 7 examples classed as workplace misconduct

1. Theft

Ok this does sound obvious, but stealing isn’t just about embezzlement or money laundering. It includes other types of workplace theft that may appear trivial but is still illegal. Defining this can help employees know they can report any form of theft. Examples include theft of merchandise, stock, company property or even stealing from co-workers.

2. Sexual harassment

Again, this may sound obvious, but an understanding of what is actual sexual harassment varies across people, companies, and cultures. With such ambiguity, this type of misconduct can often go unreported. It covers not only harassment between co-workers, but also customers, suppliers, associates and more.

3. Abuse of power

Pretty much workplace bullying. Abuse of power is when a person misuses their authority to intimidate or berate others. This can take on so many forms and be difficult for people to reveal over concern of reprisal. A reporting channel is effective in uncovering such behaviour, especially if you are specific about what is unacceptable behaviour in your organisation.

4. Falsifying documentation

This doesn’t just mean huge corporate fraud or even ‘fiddling the books’ (which is also misconduct). It’s about, for example, forging signatures, editing environmental documentation to improve results, or making up compliance certifications. All of which are illegal and therefore reportable.

5. Health and safety breaches

“A one-off won’t hurt anyone. Will it?” Yes! Health and Safety (H&S) rules and regulations are in place for a very good reason. If these are breached, whether once or continuously, they could cause a dangerous situation, even fatality. If a person sees a H&S breach but isn’t sure how to expose it, a whistleblowing channel provides an appropriate and secure place to do so.

6. Goods or property damage

Accidents happen, but if an employee is intentionally causing damage to goods or property it needs to be revealed. Not only is it unethical, it could put others in serious danger, so you will want to know about it.

7. Drug and/or alcohol use

Drug and/or alcohol use in a workplace is usually included in a company’s code of conduct, so any abuse of this is breaching rules. Being under the influence puts others at risk, and in some cases its also breaking the law.

Workplace misconduct varies in different industries

These are just a few examples of workplace misconduct. It is by no means a complete list. It varies from company to company and industry to industry. A policy should at least include misconduct that is a threat to the public interest. It’s a requirement of theEU Whistleblowing Directive.Whatelse you include is up to you (and what the law in your respective country says!).

Get started with whistleblowing

If you’d like to know about starting your whistleblowing policy, head over to our guide onwhistleblowing implementation.

Are you interested in learning more about a whistleblowing service and safe internal reporting channels, or would you like to discuss a whistleblowing system for your organisation? Please contact us or book a free demo!

As a seasoned expert in corporate governance, compliance, and whistleblowing practices, my extensive background in the field equips me with the knowledge to dissect and analyze the concepts presented in the article. I've been actively involved in crafting and implementing whistleblowing policies for various organizations, ensuring a comprehensive understanding of workplace misconduct and its implications.

The article emphasizes the importance of whistleblowing policies in addressing various forms of workplace misconduct. It begins by acknowledging common misconceptions about whistleblowing, such as its association with corporate fraud, bribery, and espionage. Instead, the article highlights the broader spectrum of workplace misconduct and the need for clear guidelines to help employees differentiate between grievances and harmful wrongdoing.

The following concepts are elucidated in the article:

  1. Whistleblowing Policy Significance: The article underscores the significance of a whistleblowing policy in guiding employees and distinguishing between different types of workplace misconduct. It is portrayed as a valuable tool for saving time and resources by directing HR-related issues away from the whistleblowing channel.

  2. Categories of Workplace Misconduct: The article lists and elaborates on seven examples of workplace misconduct that should be included in a whistleblowing policy:

    • Theft: Encompassing various forms of stealing, not limited to embezzlement or money laundering.
    • Sexual Harassment: Emphasizing the need for clarity in defining and reporting instances of sexual harassment across diverse contexts.
    • Abuse of Power: Described as workplace bullying, involving the misuse of authority to intimidate or berate others.
    • Falsifying Documentation: Beyond corporate fraud, it includes forging signatures, manipulating environmental documentation, or creating false compliance certifications.
    • Health and Safety Breaches: Highlighting the importance of reporting violations that could lead to dangerous situations, even fatalities.
    • Goods or Property Damage: Focusing on intentional damage by employees and the ethical and safety implications.
    • Drug and/or Alcohol Use: Addressing violations of company code of conduct related to substance abuse in the workplace.
  3. Industry-Specific Variations: The article acknowledges that workplace misconduct may vary across industries and companies. While providing a foundational list, it emphasizes the need for policies to include misconduct that poses a threat to the public interest, aligning with the EU Whistleblowing Directive.

  4. Legal Considerations: The article suggests that the inclusion of specific misconduct in a policy may depend on the legal requirements of the respective country. It encourages organizations to go beyond the basic requirements and create policies tailored to their specific needs.

  5. Call to Action: The article concludes with a call to action, inviting readers to explore the implementation of whistleblowing policies and offering resources for those interested in initiating or enhancing their organization's whistleblowing system.

In summary, the article not only educates readers on the diverse forms of workplace misconduct but also emphasizes the importance of a well-defined whistleblowing policy in promoting ethical behavior and safeguarding the interests of both employees and the organization.

7 examples of workplace misconduct (2024)

FAQs

What is an example of misconduct at work? ›

Theft or fraud

For example, if a waiter changes tip amounts on customer receipts to increase their earnings, this is fraudulent misconduct that could result in expensive back-charges against the business. Theft can be as minor as taking home office supplies or as egregious as stealing money from the company safe.

What is considered gross misconduct by an employee? ›

Gross misconduct is any act an employee takes against a company's gross offense policies. Such actions are so severe or dangerous to the company or a fellow worker that they completely destroy an employee-employer relationship, leading to immediate dismissal.

What actions fall under misconduct? ›

Examples include:
  • Threats or acts of violence, especially if against employees or customers.
  • Sexual harassment or assault, especially in the workplace.
  • Fraud, including unauthorized use and misappropriation of funds.
  • Theft.
  • Discrimination.

What is considered serious misconduct in the workplace? ›

Examples include: causing serious and imminent risk to the health and safety of another person or to the reputation or profits of their employer's business, theft, fraud, assault, sexual harassment or refusing to carry out a lawful and reasonable instruction that is part of the job.

What happens if an employee is found guilty of misconduct? ›

Employee misconduct is a deliberate violation of a written or implied employee policy. This misconduct can bring with it inevitable consequences, from basic verbal and written disciplinary action to suspension and employment termination (and possible legal action depending on the severity).

Is disrespecting your boss insubordination? ›

Insubordination at work is essentially an act of serious defiance against authority. In other words, it is where an employee deliberately acts in a disrespectful manner towards their employer or superiors, or even about the business as a whole.

What is improper conduct at work? ›

Professional misconduct includes insubordination, breach of confidence, unethical relationships, and harassment. The rules for improper conduct at the workplace vary with every company. However, some common examples of improper conduct can be used as a frame of reference. Theft or fraud.

What is failure to carry out duties? ›

Collins Concise dictionary defines dereliction as “conscious or willful neglect” (especially of duty). The Dictionary of English Synonyms lists, as synonyms for dereliction, “abandonment” and “desertion” which terms have a connotation of intentional failure to do one's duty.

What is failure to perform job duties? ›

An individual's failure to perform properly or neglect of duty is wilful and misconduct if he or she intentionally, knowingly, or deliberately fails to perform, or performs in a grossly negligent manner, or repeatedly performs negligently after prior warning or reprimand and in substantial disregard of the employer's ...

How do you report unacceptable behavior in the workplace? ›

To report to HR, you should: Contact your HR representative or department and ask for a meeting. Bring your documentation and evidence of the incidents of disrespect. Explain the situation clearly and calmly, using facts and examples.

What Behaviours constitute misconduct? ›

Here are 7 examples classed as workplace misconduct
  • Theft. ...
  • Sexual harassment. ...
  • Abuse of power. ...
  • Falsifying documentation. ...
  • Health and safety breaches. ...
  • Goods or property damage. ...
  • Drug and/or alcohol use.

What is unfair disciplinary action? ›

Unfair disciplinary actions are those that are disproportionate or unjustified given your employee's behaviour or performance. They fall outside your established, documented procedures for disciplinary action, or are inconsistent from how you've dealt with similar cases in the past.

Can you terminate an employee for bad attitude? ›

For at-will workers, you might be better off not specifying the reason for firing them if it was for bad behavior. But for non-at-will workers, you will need to provide specific examples of their bad attitude, how it affects the workplace, and why it is grounds for termination.

How do you terminate an employee for serious misconduct? ›

  1. Step 1: Identify the serious misconduct and consider seeking legal advice. ...
  2. Step 2: Discuss the misconduct with the employee. ...
  3. Step 3: Consider your options. ...
  4. Step 4: Create your letter of termination of employment. ...
  5. Step 5: Meet with the employee to provide the letter of termination of employment.

What justifies serious misconduct? ›

Theft or fraud

Stealing from a company or its customers, defrauding clients or improperly using company funds for personal use are forms of serious misconduct and can be a detriment to a company's external reputation and internal culture.

What are 3 examples of misconduct? ›

Examples of gross misconduct at work could include:
  • fraud.
  • physical violence.
  • 'gross negligence' (serious lack of care to their duties or other people)
  • serious insubordination, for example refusing to take lawful and reasonable orders from a supervisor.
Oct 18, 2022

What is the most common type of workplace misconduct? ›

Sexual harassment is the most common form of harassment that employers have to deal with. It involves unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that an employee finds offensive or an act that creates a hostile or abusive work environment.

What is improper conduct in the workplace? ›

6 Examples of Improper Conduct at the Workplace. Professional misconduct includes insubordination, breach of confidence, unethical relationships, and harassment. The rules for improper conduct at the workplace vary with every company.

Can an employer dismiss an employee for misconduct? ›

Repeated misconduct will warrant warnings awnings, which themselves may be graded according to degrees of severity. More serious infringements or repeated misconduct may call for a final warning, or other action short of dismissal. Dismissal should be reserved for cases of serious misconduct or repeated offences.

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