Retrospective gross misconduct

missym · 01-10-2019 09:10PM #1

I have a hypothetical scenario that I would appreciate some insight on please.

Say a staff member carried out a physical assault in the workplace a year ago. This was not dealt with at the time under old management. Details of this incident has been brought to the attention of new management.

Can the disciplinary process be applied a year later and in particular can a case for gross misconduct be made a year later?

Thank you for any insights you have.

Stanford · 01-10-2019 09:17PM

Does the Company have a written Disciplinary Practise Code?

missym · 01-10-2019 09:19PM

Stanford wrote: »

Does the Company have a written Disciplinary Practise Code?

Yes but it doesn't mention anything about acting within a time frame of an incident occurring.

Thanks for your reply.

Stanford · 01-10-2019 09:24PM

If the incident was reported to Management at the time and they chose to ignore it then the principle of natural justice will apply i.e. the employee involved is entitled to assume that a disciplinary measure was not warranted, new management cannot re-open the matter

missym · 01-10-2019 09:32PM

Stanford wrote: »

If the incident was reported to Management at the time and they chose to ignore it then the principle of natural justice will apply i.e. the employee involved is entitled to assume that a disciplinary measure was not warranted, new management cannot re-open the matter

Thanks so much for your reply

Retrospective gross misconduct

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