An employee submits a suspicious expense claim. A manager receives a complaint about threatening messages. A team member repeatedly ignores an important safety procedure.
Each situation needs attention, but an allegation alone does not establish misconduct. Your response should protect employees, establish the facts, and give the person involved a fair opportunity to explain.
For employers and HR leaders, handling misconduct at workplace starts with clear expectations and a consistent process. This guide explains common examples, practical investigation steps, and key Singapore requirements.
What is Workplace Misconduct?
Workplace misconduct generally refers to behaviour that breaches employment obligations or workplace standards. Singapore’s Ministry of Manpower (MOM) describes misconduct as a failure to fulfil conditions of employment under the contract of service. Its examples include theft, dishonesty, disorderly conduct, and insubordination.
Assess the specific conduct, relevant obligations, and surrounding circumstances. A policy label alone does not establish that an employee has committed misconduct or justify dismissal.
Common Examples of Misconduct at Workplace
The following are illustrative examples. Whether a particular incident amounts to misconduct depends on the evidence and context.
| Type of conduct | Practical example | What to check |
|---|---|---|
| Theft or dishonesty | Claiming reimbursement using a fabricated receipt | Transaction records, supporting documents, and the employee’s explanation |
| Harassment or threatening behaviour | Sending intimidating messages to a colleague | Full message history, witness accounts, and immediate safety concerns |
| Insubordination | Deliberately refusing a lawful and reasonable work instruction | What was requested, whether it was understood, and the reason for refusal |
| Misuse of confidential information | Sharing restricted client information without authorisation | Access permissions, disclosure records, and applicable confidentiality obligations |
| Safety breaches | Knowingly bypassing an established safety procedure | Training records, instructions, and the circumstances of the incident |
| Attendance misconduct | Falsifying time records or repeatedly leaving work without permission | Attendance records, approvals, and any legitimate explanation |
| Undisclosed conflicts of interest | Secretly directing purchases to a business the employee owns | Disclosure requirements, procurement records, and the employee’s involvement |
Avoid treating approved leave, genuine illness, good faith complaints, or reasonable disagreement as misconduct simply because they inconvenience a manager.
Misconduct versus poor performance
Before starting a disciplinary process, identify whether the issue concerns behaviour, capability, or both.
Poor performance typically concerns whether an employee can meet the required standard. Misconduct concerns a breach of obligations or conduct expectations.
| Situation | Initial assessment | Practical response |
|---|---|---|
| An employee misses a target because they lack product knowledge | Potential capability or training gap | Clarify expectations and provide coaching |
| An employee fabricates sales results | Potential dishonesty | Investigate the records and explanation |
| A new starter makes a mistake after unclear instructions | Potential onboarding gap | Review training and supervision |
| An employee deliberately ignores a known control | Potential conduct issue | Investigate the instruction, awareness, and circumstances |
These are starting points for assessment, rather than predetermined findings.
The distinction matters when considering termination. Singapore’s Tripartite Guidelines on Wrongful Dismissal state that employers must prove the ground for dismissal when they cite misconduct or poor performance.
How to Handle Workplace Misconduct f\Fairly
The steps below are practical recommendations for building a clear process. Apply them alongside applicable law, employment terms, and your company’s procedures.
1. Record The Concern Accurately
Document what allegedly happened, when and where it occurred, who was involved, and how the concern came to your attention.
Use factual language. “The employee submitted two claims using the same receipt” is more useful than “The employee is dishonest.”
Preserve relevant records without changing the originals. Restrict access to people who need the information for the process.
2. Address Immediate Risks
Consider whether anyone faces a safety risk or whether evidence could be lost.
For harassment complaints, TAFEP advises employers to act quickly to ensure the affected employee’s immediate safety. Its guidance also recommends reassurance against retaliation after a report is made.
Depending on the situation, practical measures could include changing reporting arrangements or restricting access to a relevant system. Explain that interim measures do not determine the outcome.
3. Explain The Allegation Clearly
Tell the employee what conduct is being examined and which obligation or standard may be relevant.
Provide enough detail for a meaningful response. A vague statement such as “You have a bad attitude” gives the employee little opportunity to address the concern.
Separate each allegation so that you can assess it individually.
4. Conduct an Impartial Inquiry
In Singapore, MOM says employers must conduct a formal inquiry before disciplinary action for misconduct. Employees should know the allegation, have an opportunity to present their case, and have the inquiry heard by someone whose position does not suggest bias.
Practical implementation may include interviewing relevant people separately, checking records against explanations, and considering evidence that supports or challenges the allegation.
If the complaint concerns a manager, choose someone sufficiently independent of that manager to assess it fairly.
5. Understand Suspension Rules
For employees covered by Singapore’s Employment Act, inquiry suspension generally cannot exceed one week without the Commissioner for Labour’s approval. Pay must be at least half salary. Seek approval at least three working days before that week ends if an extension is needed. Restore withheld salary if no misconduct is found.
Treat suspension as a separate decision from the final disciplinary outcome.
6. Decide on a Proportionate Response
Assess the seriousness of the conduct, actual or potential harm, relevant training, mitigating circumstances, and how comparable cases were handled.
Depending on the findings, corrective measures may include coaching, a written warning, or further disciplinary action. Do not assume that every policy breach warrants dismissal.
MOM lists these options after misconduct is established: immediate downgrading, unpaid suspension of up to one week, or termination without notice or pay in lieu of notice.
If dismissal is being considered for a regional employee, review the wider requirements for employee termination across Southeast Asia, including documentation, final pay, and local procedures.
7. Communicate and Document The Outcome
Explain the finding, the evidence supporting it, and any action being taken.
If employment continues, set specific expectations and a review date. For example, require documented approval for future expense claims and review compliance after a defined period.
Where your policy provides an appeal process, explain how the employee can use it. Keep the decision record confidential and communicate only necessary information to the wider team.
An Example of a Fair Response
Suppose an employee is accused of submitting a false reimbursement claim.
First, preserve the claim, receipt, approval trail, and payment record. Then explain the concern and ask for the employee’s response.
The inquiry might establish that the employee intentionally altered a receipt. It might instead reveal that the employee uploaded the wrong document or that the same claim was duplicated by a system error.
Your decision should follow the evidence. Establish what happened before selecting a consequence.
How to Prevent Workplace Misconduct
Clear expectations and accessible reporting channels help employees understand what is acceptable and how to raise concerns.
1. Make Your Code of Conduct Practical
Use examples covering expenses, confidentiality, conflicts of interest, workplace behaviour, and safety. Explain how employees can ask questions when a situation is unclear.
2. Provide More Than One Reporting Route
Employees should have an alternative contact when a concern involves their direct manager. Explain who receives reports and what happens next.
TAFEP also provides a channel for individuals to report workplace discrimination or harassment.
For a broader view of workplace fairness preparation, read the guide to the Singapore Workplace Fairness Act, including grievance handling and protection against retaliation.
3. Train Managers to Respond Consistently
Give managers guidance on recording concerns, avoiding premature conclusions, escalating serious allegations, and protecting employees who raise concerns.
4. Include Remote Work Expectations
Clarify standards for work messages, video calls, information access, and use of company systems. Review these expectations when tools or working arrangements change.
For broader guidance on communication and management across locations, explore practical approaches to managing a distributed team.
5. Review Patterns After Cases Close
Repeated concerns may point to unclear rules, weak controls, or inconsistent supervision. Use case findings to improve the relevant process.
Managing Misconduct Across Regional Teams
If an Employer of Record employs the individual, coordinate with that employer before imposing disciplinary action or communicating termination.
Before taking action, confirm the employing entity, applicable law, employment contract, and who has authority to make the decision. If an Employer of Record employs the individual, coordinate with that employer before imposing disciplinary action or communicating termination.
A common policy can support consistency across Southeast Asia, while each case still needs a process appropriate to its location.
Build Clearer People Processes as Your Team Grows
Handling workplace misconduct fairly requires clear expectations, reliable evidence, and consistent decisions. These foundations help you protect employees and address problems with confidence.
As your team expands across Southeast Asia, hiring, onboarding, and employee management also become more complex. Glints TalentHub brings talent sourcing, hiring, and management together, helping you support your regional workforce from recruitment onward.
