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ARTICLE · 05 AUGUST 2026

The Dynamism Of Serious Misconduct

Bartier Perry Solicitors
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Serious misconduct is often spoken about as though it were fixed and well understood. In practice, it is anything but static. While conduct such as theft, fraud and sexual harassment remain clear examples, case law shows an expanding and more nuanced approach to what may justify summary dismissal.

AustraliaEmployment and HR
Shawn Skyring
Shawn Skyring
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Serious misconduct is often spoken about as though it were fixed and well understood. In practice, it is anything but static. While conduct such as theft, fraud and sexual harassment remain clear examples, case law shows an expanding and more nuanced approach to what may justify summary dismissal.

This article considers how Australian courts and the Fair Work Commission (FWC) have approached serious misconduct in recent years, and how changing workplace norms, technology and expectations of behaviour have influenced that approach.

Serious misconduct – the statutory framework

Serious misconduct is not defined in the Fair Work Act 2009 (Cth), but the Fair Work Regulations 2009 (Cth) (regulation 1.07) provides guidance with examples such as theft, fraud, violence and serious breaches of work health and safety obligations.

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