Examples of Serious Misconduct in the Workplace

Serious misconduct can include behaviour such as:

  • fraud or theft

  • harassment or bullying

  • conflicts of interest

  • misuse of company resources

  • serious breaches of workplace policy

Each allegation of serious misconduct should be carefully investigated before disciplinary action is considered. A fair investigation helps establish the facts and supports informed decision-making.

What Is Not Serious Misconduct

There is a difference between misconduct and serious misconduct. It is important that employers make this distinction accurately when deciding how to manage investigations as well as any disciplinary action that may follow.

Conduct that would generally not meet the criteria for Serious Misconduct:

  • obscene language
  • misuse of the internet at work (lawful use)
  • minor instances of failing to follow reasonable and lawful instruction
  • wearing inappropriate clothing
  • lateness

Responding to Serious Misconduct Allegations

When serious misconduct allegations arise, employers should act promptly, maintain procedural fairness, protect confidentiality and avoid reaching conclusions before the investigation is complete. In some situations, internal investigations can create real or perceived bias, which is why organisations often engage an independent workplace investigator.

Employers must:

  • act promptly

  • maintain procedural fairness

  • protect confidentiality

  • avoid premature conclusions

Internal investigations can sometimes create real or perceived bias, particularly where the people involved know one another or where the allegations are highly sensitive.

 

 

How Serious Misconduct Investigations Are Conducted

Our serious misconduct investigations generally follow a structured process:

  1. Initial consultation

  2. Terms of reference

  3. Investigation planning

  4. Interviews and evidence gathering

  5. Findings and investigation report

  6. Employer decision and next steps

This process helps ensure allegations are investigated fairly, evidence is properly assessed and findings are clearly documented.

Speak With an Independent Workplace Investigator

Our experienced team is available for a confidential consultation to discuss your situation and help determine the most appropriate way forward. Allegations of serious misconduct often require swift and careful action, and our investigators assist organisations to respond promptly while maintaining procedural fairness and protecting all parties involved.

During an initial consultation we can discuss the nature of the allegations, outline possible investigation approaches and explain how an independent workplace investigation is conducted. This helps employers understand their options before deciding how to proceed.

Formally engaging us is a straightforward process. Once appointed, an appropriate investigator will be briefed on the matter, establish the investigation scope and begin planning interviews and evidence gathering without unnecessary delay.

Our goal is to provide organisations with clear, impartial findings that support informed and defensible workplace decisions.

Industry Experience in Workplace Investigations

Our investigators have conducted workplace investigations across a wide range of sectors including:

  • government

  • corporate organisations

  • healthcare

  • education

  • community services

This broad experience helps us manage serious misconduct matters in a way that is fair, practical and suited to the realities of each workplace.