ARTICLE · 09 MARCH 2014

Ain't misbehavin': Are 'negligence', 'gross negligence' and 'serious misconduct' the same thing?

Clayton Utz

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Employers should be careful when using terms "negligence", "gross negligence" and "serious misconduct" to label conduct.

AustraliaEmployment and HR

Michael Byrnes (Formerly With Clayton Utz)

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Key Points:

Employers should be careful when using the terms "negligence", "gross negligence" and "serious misconduct" to label employees' conduct.

A recent Fair Work Commission decision has put a spotlight on the relationship between "negligence", "gross negligence" and "serious misconduct" (John v The Star Pty Limited [2014] FWC 543).

One goes through to the keeper

Matthew John had been employed by Star Pty Limited as a security officer at its casino in Pyrmont for more than five years.

Mr John was part of the safety team which responded to incidents as and when they arose, but he sometimes had to work in the welcome team and check patrons seeking entry were over 18 and not intoxicated.

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