ARTICLE · 20 JULY 2022

Serious Misconduct – What employers need to think about

Coleman Greig Lawyers

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The most important issues that an employer needs to consider in determining that an employee has engaged in serious misconduct.

AustraliaEmployment and HR

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It can often be confusing for an employer when assessing if an employee has engaged 'serious misconduct' and if it is therefore appropriate to dismiss them from their employment without notice.

In this blog, we clarify what is most important for an employer to consider in determining that an employee has engaged in serious misconduct.

The law

The Fair Work Regulations 2009 (Cth) (Regulations) contain the definition of serious misconduct as it applies under the Fair Work Act 2009 (Cth), which is conduct engaged in by an employee that includes:

Wilful or deliberate behaviour that is inconsistent with the continuation of the contract of employment;
Conduct that causes serious and imminent risk to:
1. the health or safety of a person; or

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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