Section 12-5-51 - Suspension or discharge for misconduct(a) A discharge occurs when an employer is the "moving party" in the termination of the employment relationship.(b) A suspension occurs when the employer takes action to refuse work and remuneration to an employee without terminating the employment relationship.(c) Misconduct connected with work consists of actions which show a wilful or wanton disregard of the employer's interests, such as deliberate violations of or deliberate disregard of the standards of behavior which the employer has a right to expect of an employee, or carelessness, or negligence of such a degree or recurrence as to show wrongful intent or evil design. Mere inefficiency, unsatisfactory conduct, poor performance because of inability or incapacity, isolated instances of ordinary negligence or inadvertence, or good-faith errors in judgment or discretion are not misconduct. The misconduct shall be related to the work of the individual or the individual's status as an employee.(d) In determining whether an individual's act constituted "misconduct" the department shall consider any relevant evidence presented which relates to: (1) Employee's reasons for the act or omission, and efforts to avoid the act or failure to act;(2) The relevant circumstances of the case and any causative effect therefrom upon the employee's actions;(3) The nature and importance to the employer of the offended interest of the employer;(4) Any lawful and reasonable company policy or custom;(5) Employer's actions to curtail or prevent, if possible, the objectionable conduct; and(6) The nature of the act or failure to act.(e) Situations where misconduct may be found include, but are not limited to, the following where the evidence demonstrates: (1) Unexcused absence or recurring unexcused tardiness; or(2) Altercation at work; or(3) Material false representations by the employee to the employer; or(4) Employee's gross neglect of duty; or(5) Employee's wilful disobedience of employer's directives or employee's insubordination; or(6) Intentional conversion of employer's property by the employee; or(7) Employee's unauthorized use of intoxicants on the job; or(8) Employee's wilful and substantial abuse of the employer's equipment or property.[Eff. 6/26/81] (Auth: HRS § 383-92) (Imp: HRS § 383-30(2))