Misconduct

Further down on this page: 

The Staff Accountability Board

What is misconduct?

In labour law terms, misconduct can be summarised as an employee acting or behaving in a way that breaches the employment contract. The employment contract is the agreement made when a person accepts the offer to work at Lund University, where some things are regulated by laws, regulations and collective agreements, while other things are assumed. For example, it is assumed that the employee performs the work that the employer needs to get done, in return for salary being paid at given times during the year.

Examples of obligations for employees:

• perform work assigned by the employer
• comply with applicable laws and regulations
• follow applicable work instructions and regulations
• be responsible for finances and look after entrusted property
• comply with applicable safety regulations
• use protective equipment and devices
• report secondary employment as instructed
• contribute to a good working environment
• not commit offences against work, the employer or other employees
• inform the employer of any circumstances relevant to the work

Your responsibilities as a manager

As a manager/head of department/equivalent, in your role as employer and representative of the organisation, you are responsible for ensuring that the activities and the organisational and social work environment function properly. You are responsible for continuously following up that your employees

You are responsible for continuously monitoring your employees' compliance with their employment contracts, laws and regulations, their contribution to the achievement of business objectives, and their contribution to a good organisational and social working environment.

As a manager, you must act as soon as you can in cases of misconduct. Make it clear what the misconduct is, that the misconduct is not acceptable, investigate the cause of the misconduct, take the necessary action and follow up the action regularly. The sooner you address the misconduct, the easier it will be for you, the employee and the organisation to resolve it.

The Staff Accountability Board

Here you will find information on what the Staff Responsibility Board (PAN) is, what its tasks are and how to report to the PAN. There is also brief information about the National Accountability Board (SAN).

Composition of the Staff Accountability Board

The PAN is chaired by the Vice-Chancellor. The University Board appoints three members and three deputies for the organisation. Lund University's trade union organisations appoint three representatives and three alternates. In addition, there is a rapporteur and a secretary from the HR section to support the PAN.

National Accountability Board

The National Accountability Board (SAN) examines issues of disciplinary liability, prosecution, dismissal, suspension and compulsory medical examination of government employees in senior positions such as heads of agencies, judges, prosecutors and professors.

The purpose of a review outside the authority where the employee works and holds a senior position is to ensure that there is no suspicion of undue consideration by colleagues during the review. The Board's decision, like other decisions by employers, may be subject to a labour law dispute.

Notifying cases

Notification of a case to the PAN or SAN is done in a specific order. Individuals cannot report a case to the PAN or SAN. Managers who intend to report a case to PAN/SAN must have consulted the HR function at faculty level/equivalent. The HR function will in turn contact the HR section for support in the notification process.

Tasks of the PAN

Section 25 of the Public Authorities Ordinance (2007:515) stipulates that PAN shall examine questions about

• dismissal from employment on the grounds of personal circumstances, when the employment is not a probationary period
• disciplinary liability
• notification of prosecution
• suspension

It is the Vice-Chancellor who decides in the first instance whether to take up the complaint in the PAN or to send the complaint from the Lund University authority to the SAN.

The PAN meets on six pre-booked occasions per year, but can also be convened in addition if necessary.