Allegation and fair inquiry
Misconduct is failure to fulfil employment conditions, such as theft, dishonesty, disorderly or immoral workplace conduct, or insubordination. Inform the employee of the allegation and investigate before deciding on dismissal or another disciplinary sanction. There is no fixed inquiry format, but the employee must know the allegation, be allowed to present a case and be heard by someone whose position does not suggest bias.
Suspension during inquiry
During inquiry, an employer must pay at least half salary and cannot suspend for more than one week without Commissioner for Labour approval. If more time is needed, apply at least 3 working days before that week ends. Explain the alleged misconduct, why the inquiry needs longer, salary payable during suspension and the expected inquiry end date.
After the inquiry
If misconduct is not established, restore all salary withheld during suspension. If misconduct is established, the employer may immediately downgrade the employee, suspend without pay for up to one week, or dismiss without notice and without salary in lieu of notice. A worker who disputes the lawfulness of dismissal can consider a wrongful-dismissal claim.