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EOHCB National

MISCONDUCT - DISHONESTY

This can take many forms. It could be a dishonest disclosure or nondisclosure on an employee’s CV, and the term “dishonesty” covers any undesirable conduct on the part of the employee that is aimed at deceiving the employer.


The employer has the right to expect of their employees to be honest – if the employee is not honest, it damages the trust relationship.


What to look for?

This type of investigation usually calls for an investigation that is done “under the table”.


If the suspect employee becomes aware that an investigation is being carried out, they will obviously immediately do whatever they can to affect a “cover-up”. It is therefore normally essential that the investigation is carried out in secret, and when the facts are known, and the evidence obtained, the employee can be charged.


The exact nature of the dishonest act must be identified.


It must be established that the employee was responsible and that the dishonest act was deliberate. Establish also whether other employees may be involved.


Take statements from any witnesses, make copies of any documents, take possession of any documents such as the dishonest CV in the employee’s file, and lock them away.


You may also have to take photographs.


What must the investigator prove at the disciplinary enquiry?

Show how you going to position the information regarding the act of dishonesty.


It is possible that the information received by you initially was anonymous. Put forward details of your investigation, what you did to establish that the dishonesty had occurred, and produce evidence of what you discovered. Emphasize how the act of dishonesty has compromised the element of trust in the employment relationship.


Produce evidence to show what damage if any the employer has suffered as a result of the dishonest act by the employee, or evidence to show what potential loss could have occurred had the matter not been uncovered.



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