The HR/IR Solutions Guide for Managing Employee Misconduct
The Fair Work Regulations 2009 (Cth) (Regulations) contains the definition of serious employee misconduct
Wilful or deliberate behaviour that is inconsistent with the continuation of the contract of employment;
1. Conduct that causes the serious and imminent risk to:
2. the health or safety of a person; or
3. the reputation, viability or profitability of the employer’s business.
EXAMPLES OF SERIOUS EMPLOYEE MISCONDUCT ARE
- Theft;
- Fraud;
- Assault;
- Sexual harassment;
- Intoxication at work; and
- Refusing to carry out a lawful and reasonable instruction that is consistent with that employee’s contract of employment
All employers should treat misconduct matters seriously and carry out proper investigations and give the employee the right to natural justice and procedural fairness. Proven misconduct can result in termination of employment without notice or payment in lieu of notice
A real example of such misconduct is Woodman v Hoyts. An employee allowed another employee to take a chocolate bar from their place of work. When questioned about it, the employee said that the incident did not take place. It was found that the dishonesty was serious misconduct and grounds for dismissal, despite the small size of the theft.
If you need help managing a workplace misconduct issue, please do not hesitate to contact John at HR/IR Solutions Wollongong.
