Misconduct is employee behaviour that breaches workplace rules, policies, or professional standards.
Legislation: Related to Termination and Unfair Dismissal | Category: Workplace Conduct
What is Misconduct?
Misconduct is employee behaviour that breaches workplace rules, policies, employment contract terms, or professional standards. Misconduct exists on a spectrum from minor infractions to serious misconduct that may justify summary dismissal. The appropriate response depends on the nature and severity of the conduct.
Serious misconduct includes theft, fraud, assault, serious safety breaches, intoxication at work, refusal to carry out lawful instructions, and conduct causing serious and imminent risk to health, safety, reputation, or viability of the business. The Fair Work Regulations define serious misconduct for the purpose of summary dismissal without notice.
Key Compliance Points for Employers
- Clear policies defining misconduct and serious misconduct support consistent decision-making
- Even for serious misconduct, employees should generally be given opportunity to respond to allegations
- Summary dismissal for serious misconduct means no notice period, but entitlements must still be paid
- Lesser misconduct typically requires progressive discipline: warnings, final warning, then dismissal
- Documentation of the conduct, investigation, and decision-making process is essential
Frequently Asked Questions
What is Misconduct?
Misconduct is employee behaviour that breaches workplace rules, policies, or professional standards.
Why is Misconduct important for employers?
Understanding misconduct helps employers comply with Australian employment law, avoid penalties, and maintain fair workplace practices.
