How do you handle employee misconduct as an Employment Relations Consultant?

As ER Consultants we often get asked the question – How to handle employee misconduct?
As Employment Relations (ER) Consultants we advise business owners and managers on various aspects of the employment relationship. We assist in resolving workplace conflicts, ensuring legal compliance, and fostering positive work environments by handling personal grievances, investigations, disciplinary actions, and negotiation. We act as an expert guide through complex employee issues from disputes to restructures, and providing representation in mediation, the Employment Relations Authority and the Employment Court.

What might the expert employment consultant’s advice be on an employee’s misconduct?

As we start 2026, we thought we would provide a light-hearted snapshot of some of the more unusual situations that arose in 2025, (all direct references to individuals and companies have been removed for confidentiality reasons)

1. The “Cursed” Car Chronicles

A young employee buys a first car and immediately calls in sick—because, obviously, the only cure for new car fever is a day of burnouts. After earning a ticket for dangerous driving, the employee returns to work, only to leave the site with another burnout performance. A traffic officer, clearly a fan of sequels, is waiting down the road. The employee claims the car is “cursed.” The real curse? Losing a license that was required for the job. Maybe next time, try a bicycle—it’s harder to do burnouts on two wheels.

2. Party Funds and the Vanishing Bicycle

When an employee’s car breaks down, the kind-hearted employer lends money for repairs and even a bicycle for commuting. The employee, however, decides the party scene is more urgent than the car scene, spends the money accordingly, and then sells the boss’s bike. The result? Unemployment and, presumably, a very short-lived party. Moral: Don’t mix business, pleasure, and bicycles.

3. The Mystery Tour (with GPS)

An employee is sent to a client site, but the client suspects the employee is under the influence. The employer, channelling their inner detective, tracks the employee’s movements via GPS and arranges a surprise meeting with the Drug Testing Agency. The employee fails the alcohol test and can’t remember where he went that day. “I swear, I haven’t had anything to drink, can I come back and do the test again in three days?!”—A classic line.

4. The 1,400x Club

An employee fails a pre-employment drug test but promises to quit for the job. Fast forward to an overnight assignment: while others have a couple of drinks, this employee chooses a joint. The next day’s drug test result? 1,400 times the safe limit. The defence: “What I do in my own time is my business!” The employer’s response: “Not when your business is our business.”

5. The Office Nap Champion

An employee in their 90s has perfected the art of the workplace nap, regularly found dozing at their desk, in the break room, and occasionally mid-meeting. Retirement? Absolutely not! The only thing stronger than this employee’s commitment to sleep is the determination to outlast their parent’s record with the company. Colleagues have started a betting pool on whether the employee will ever actually retire, or if the office will just quietly install a commemorative plaque on their favourite chair. At this point, the only thing more reliable than their afternoon nap is their refusal to hand in a resignation letter.

6. The $100,000 Souvenir

After a restructure, an employee chooses not to take a new role and confirms all company property has been returned. Weeks later, the ex-employee calls to buy a “forgotten” item. The company investigates and discovers over $100,000 in missing property. Sometimes, honesty really is the best policy—especially when it accidentally reveals a warehouse’s worth of souvenirs.

7. Meth and Motorpool Mayhem

An employee smokes meth in a company car, contaminating it so badly it has to be written off. The explanation? “Didn’t want to ruin my own vehicle.” That’s one way to keep a personal car clean—by making the company’s car a biohazard.

8. Sick Leave, Social Media, and Selfies

An employee’s leave request for a cultural event is denied, so they call in sick. Unfortunately, the employee’s social media is healthier than ever, filled with event selfies. Pro tip: If you’re going to fake sick, don’t live-stream your recovery.

9. The International “Sick” Day

The employee claims to be on sick leave, but a little digging reveals an extended overseas holiday. The only thing spreading here is a case of travel fever. At this point, the only prescription needed is a travel brochure and maybe a reminder that “out of office” doesn’t mean “out of the country.”

10. The Denial is on Tape

Caught on camera doing something unlawful, the employee denies being present, insisting the footage was “obviously manipulated.” If only the employer had used CGI, maybe the Oscars would be calling.

11. The Fuel Heist and the Camera Plot Twist

An employee figures out how to steal fuel from a spot not covered by CCTV. The employer, not to be outsmarted, sets up a dash cam and catches the act. The employee’s defence: “It’s unfair to use a different camera!” Next up: “Objection, your honour, that’s not my best angle.”

Do Employment Relation Consultants deal with Employee Attitude Issues?

Much of the work undertaken by us as Employment Relations Consultants involves working with employee attitudes, behaviours and conduct, and we are fortunate (or unfortunate) to see the very worst in employee behavioural characteristics. The challenge, even when the evidence overwhelmingly incriminates the employee, is to ensure that the subsequent disciplinary action is conducted in a procedurally fair manner to ensure that the employee does not have a valid claim against the employer. The above examples resulted in the termination of the offending employee’s employment, with many pursuing personal grievance claims, with not one of these resulting in the employee getting a payout. The goal of Russell Drake Consulting is to resolve employment issues through mitigating the risk and liability to the employer.

How can Russell Drake Consulting
help our business?

At RDC we only provide support and representation to the employer, therefore as an employer, we always have your best interests at the forefront of our minds. If you encounter any type of situation that has the potential to impact on an employee’s terms and conditions of employment in any way, please feel free to contact us directly.

Call us now 0800 470124 or simply complete this form and one of our experts will be in touch shortly.

"*" indicates required fields