What is Serious Misconduct?
Serious misconduct by an employee relates to wilful or deliberate behaviour that is inconsistent with the continuation of the employee's employment, where such conduct causes serious and immediate risk to the health and safety of a person and / or the reputation, viability or profitability of the employer's business. The term 'employee misconduct' is sometimes also used to describe serious misconduct.
Generally, where an employee has engaged in serious misconduct, the employer will have grounds to dismiss the employee immediately without having to provide the employee with any notice. Furthermore, an employer will generally be protected from unfair dismissal laws, provided that the rules relating to procedural fairness are followed.
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