Grave misconduct to charge or not

Place of Scenario : Construction Small Company
Involved : Worker vs adminstration / HR
Case : Tampered Biometric record / Bundle clock

Worker S, get caught due to tampering his record by changing clock time to early to prevent being late. His been doing this for a year when the HR found out what he did and filed him grave missconduct.

Misconduct
- Court states a tansgression of some established and definite rule of action, more particularly, unlawful behavior or gross neglisgence by a public officer.

Grave misconduct
- Has elements of corruption, willful intent to violate the law, or to disregard established rule.

Scenario Question 1: construction company (HR) did not discuss the rules and regulation of the company or does not have physical copy of the rules regualtion,threfore worker S claimed that he was not informed, can he be aquittied by the charge?

Scenarario Question 2 : Company does not have predefined or established rules and regulations and only verbal rules are being implemented, can worker S be aquitted if no physcal rules and regulation are being presented or implemented?

employee acted on bad faith,,
some basic rules regarding employment doesn't necessarily in black and white, its an unwritten codes.
like 1+1=2, alam yan ng employedo, the fact na inaadjust nya ang clock... offense na yan.

Thank you Sir, na discuss na samin, same po ng sinabi nyo.

welcome, come back anytime