- Gross misconduct is serious behaviour in the workplace that breaches the employment agreement. Theft, assault, fraud or being intoxicated at work are examples.
- It’s important to understand the difference between serious misconduct and general misconduct. Serious misconduct is behaviour that causes serious and imminent risk to the reputation or profits of the business or health and safety of another person, or is deliberate behaviour inconsistent with continuing the employment.
- In the event of serious misconduct, consider your response, weighing up the severity of the behaviour.
- If you do not have enough evidence, take time to investigate and gather. By taking this step, you are demonstrating that you took appropriate action to review the situation.
- When investigating, consider using someone who has experience in the field. Interview the persons involved, including the accused employee. Give everyone a chance to tell their side of the story and keep detailed and accurate records.
- If you believe that you have grounds for instant dismissal, make sure you keep documented evidence. Show the processes you followed and how you came to the conclusion that the behaviour was serious enough to warrant this action.
- In the event an employee is dismissed, you must provide written notice of termination and provide any entitlements or payments owed to the employee.
Do you need some help navigating the ins-and-outs of serious misconduct in your workplace? Get in touch with Lisa on (07) 4638 3599.