Handling Employee Misconduct: Disciplinary Action and Charge Sheet Process - CiteHR

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Handling Employee Misconduct

Dear HR Experts,

An employee attended duty under the influence of alcohol and was found by his supervisor 15 days ago. Upon questioning, he admitted his mistake. Subsequently, we asked him to leave the plant premises and have not allowed him on duty since then. In the past, he has also misconducted (by smoking and using a mobile phone) on five different occasions for various issues. In some cases, a warning letter was issued, while in others, an apology letter was obtained.

Recommended Disciplinary Actions

Currently, the leadership has recommended issuing a charge sheet against him and obtaining an explanation letter. Based on the explanation provided, we are considering issuing a final warning letter. I seek your advice on how to proceed with this case. Am I following the correct disciplinary action process?

Thanks in advance.

From India, Coimbatore
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KK!HR
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Understanding Misconduct

First of all, it is important to clarify what constitutes misconduct. If it is drunkenness, then simply coming to duty after a couple of drinks is not misconduct in itself. Drunkenness would mean the person is unable to control themselves and is not behaving in a manner conducive to workplace discipline. If the situation amounts to drunkenness, then proceed to issue a charge sheet.

Gathering Evidence

Try to obtain a report on the individual's appearance (clumsy), gait (unsteady), speech (incoherent, abusive), and general demeanor (smell of alcohol, reddish eyes). If a medical test is conducted, include its report as well. If these indicators are absent, it is advised to close the matter with a severe warning and indicate that repetition of such acts would result in severe punishment.

From India, Mumbai
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