WHAT IS SERIOUS MISCONDUCT?

Serious misconduct is defined as any conduct that deeply impairs or is destructive of the relationship of trust and confidence between employer and employee.

Examples of Serious Misconduct

  • Violence
  • Bullying & Sexual Harassment
  • Theft or fraud
  • Use of illegal drugs or being intoxicated while at work
  • Use of work internet for unlawful purposes

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