Since conduct is behavior, misconduct is behavior that's not quite right: some kind of shady or criminal conduct. If an accountant cooked the books — lied about finances — that's misconduct. A police officer taking a bribe is guilty of misconduct. Often, misconduct specifically refers to someone who does improper things on behalf of someone else, like the misconduct of a dishonest lawyer.

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2.  discipline is systematic instruction
 intended to train a person
 to follow a particular code of conduct or rule
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3. Preventive, Positive or
Constructive Discipline
(Proactive Measure)
Corrective or Punitive
Discipline
(Reactive Measure)
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4.  Self Discipline
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5. Hot Stove Theory
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6. Hot Stove Theory
1. Warning
2. Instant Reaction
3. Punishment Relevant to the gravity of the
offence
4. Impersonality
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8. Corrective
Discipline
Positive
Approach
Negative
Approach
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9. Positive Approach
1. Sandwich Model
2. Progressive Discipline-Reformation
Approach
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10. Positive Approach
Sandwich Model
 An undesirable behaviour is explained/
criticized to the employee in between two
good behavioral manners
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12. Positive Approach
Progressive Discipline-Reformation Approach
 Reforming the offender through punishment
 The offender will not be given harsh
punishments at the first instance
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13. Positive Approach
Progressive Discipline-Reformation Approach
 Reformation will be done with oral warnings
 When the offence is repeated, harsh
punishments will be given
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15.  Principles of Natural Justice (Listening to the
other side of the story)
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16.  Fairness to all parties
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17.  Parity-punishment should be equal to the
offence
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18.  Bona-fide – disciplinary actions should be
taken in good faith
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19.  Mala-fide (disciplinary actions shouldn’t be
initiated with ulterior motives)
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20.  Requirement to avoid delays
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21.  Equity
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22.  To correct the behaviour of employees.
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23.  To maintain peace and order in the
organization.
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24.  Set an examples to other by taking actions
against wrong doers.
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25.  For smooth functioning of the
organization
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26.  For productivity, effectiveness, efficiency,
existence, growth, and success of the
organization.
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27.  Violation of the expected behaviour of the
employee.
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28.  Going against the accepted norms and
behavioural rules.
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29.  Violation of expressed or implied terms of
employment.
 Going against the accepted norms and
behavioural rules.
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30.  Terms clearly stated in the letter of
appointment
 Rules and regulations
 Duties and responsibilities
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31.  Terms that are not clearly stated
 The employees are supposed to know these
terms.
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32.  Faithfulness and honesty
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33.  Good performance at work
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34.  Obedience
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35.  Attendance to work and punctuality
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36.  Respecting the employer
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37.  Refraining from taking liquor and drugs while
at work (treated as a major misconduct)
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38.  Cleanliness
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39.  Transferability
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40. Depends on
the tasks
The position held
by the person
Nature of the
business
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41. Misconducts
Minor
Misconducts
Major
Misconducts
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42.  Acts of indiscipline which are not serious in
nature
 Result in simple disciplinary actions
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43.  Absence without prior permission
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44.  Being found straying from workplace without
a reason
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45.  Breaching any rule of instruction to be
followed for the establishment of order and
cleanliness
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46.  Disregarding any notice in connection to
smoking in a prohibited area
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47.  Exceeding the stipulated time for meal
intervals
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48.  Failure to wear uniforms being on duty
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49.  Late attendance
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50.  Deserting workplace without permission
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51.  Malingering - Avoiding duty or work by
pretending to be incapacitated
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52.  Wearing untidy or dirty uniforms
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53.  Acts of misconducts which are of serious
nature
 The gravity of punishment is really high
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54.  Abuse of power or authority for personal
gains
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55.  Harming the reputation of the organization
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56.  Acting in collusion with competitors,
suppliers, customers.
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57.  Assaulting, threatening, or causing bodily
harm to anyone while on duty within the
premises of the company
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58.  Insubordination
 Insubordination is the act of
willfully disobeying your superior.
 Refusing to perform an action that is unethical or
illegal is not insubordination.
 Refusing to perform an action that is not within
the scope of authority is not insubordination.
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59.  False allegations against superiors (False and
groundless accusations)
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60.  Being found drunk and behaving disorderly in
work place
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61.  Causing willful damage or sabotage to the
work in progress or to the work place
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62.  Committing any criminal offence
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63.  Forgery and falsification of documents
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64.  Indecent behavior in the work place
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65.  Issue of unlawful instructions or orders to
the subordinates
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66.  Theft
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67.  Fraud
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68.  Dishonesty
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69.  Misappropriation -The fraudulent
(deceiving) appropriation of funds or
property entrusted to your care but actually
owned by someone else
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70.  Refusal to carry out essential or urgent work
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71.  Repetition of any minor offence
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72.  Sleeping while duty (watchers, security
guards…etc)
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73.  Taking or giving bribes or gratification in
the performance of duties
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74.  Go slow
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75.  Negligence of the responsibilities officers
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77. For major misconducts-
proper disciplinary
inquiry procedure
For minor misconducts-
verbal or written
warnings
Based on the
gravity of the
offence
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79. Fact finding
process.
The purpose is to
determine whether a
crime was really
committed
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80. There are no accused
at this stages but
there may be
suspects
Management
appoints an impartial
officer to carry out
the investigation
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81.  A letter or noticed issued by the
management to the employee based on the
preliminary investigation.
 Charges against the employee
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82.  Brief description of the charge, date, time,
place, incident…etc
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83.  Specify the time limit to reply
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84.  The charges to which the employee should
provide written explanations
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85.  Opportunity for the employee to examine any
documents
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86.  Actions to be taken, if no reply is received
within the specific time period.
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87.  Employees reply to the show cause notice
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88.  Management can either accept it or reject it
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89.  If the response is not satisfactory, the
employer will move to the more formal
domestic inquiry
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91.  Should be carried out as soon as possible
following accusations of misconduct
 All activities should be formalized and
recorded in full.
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92.  The investigating officers should be
unconnected to the incident
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93.  The employee should be given full
opportunity to state their own case and
present evidence in their favor.
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94.  Union representatives or colleagues should
be allowed to sit in during the process if the
employer requests their presence
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95.  Domestic inquiry is purely an information-
gathering exercise
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96.  The panel’s task is gathering the evidence
(not making decisions over guilt or
punishment)
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97.  Their final report is sent to the relevant
parties, often senior leaders, who then decide
on the appropriate course of action.
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98.  Punishment without an inquiry implies an
arbitrary order.
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99.  The principle of Natural Justice (informing
the person of the charges and giving him an
opportunity to explain.
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100.  To record the available evidence against the
accused to prevent him from changing the
story before a labor tribunal
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101.  Recorded evidence can be presented before the
labour tribunal when the witness is out of reach
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103.  The final report submitted to the
management by the inquiring officer
mentioning conclusions against each charge
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104.  Findings must be based on evidence led at
the inquiry
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105.  The findings should specifically state whether
the employee is guilty or not guilty
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106.  Recommending punishment is not the role of
the inquiring officer
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107. Accused
If found guilty Punishment
If not found
guilty
reinstatement
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108.  Oral Warnings-how to prevent the recurrence
of committed misconduct in future.
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109.  Written Warnings
 When oral warnings fails to achieve the
desired behaviour.
 First step in progressive discipline
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110.  Fines
 Recovery of fines should be limited to 5% of
the wage earned
 The amount recovered should be credited
to a “Fund” for welfare facilities
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111.  Transfers
 Change of the location of work place
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112.  Suspension from Duty
 Prohibiting the employee to enter the
workplace and perform his tasks over a
period of time
Suspension
With Pay
Without Pay
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113.  Withholding of Increments
 Refraining from granting the due
increments
Withholding
of Increments
Stoppage of
Increments
Deferring of
Increment
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114.  Denial of Promotions for a specified Period
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115.  Dismissal or Termination of Service
 The highest punishment
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116. All the punishments should be
communicated to the employee in
writing
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117. Krishantha Jayasundara
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