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Workplace Serious Misconduct?

An employer can terminate an employee’s employment contract without notice when an employee engages in serious misconduct. Serious misconduct usually involves circumstances where an employee:

  1. Causes serious and imminent risk to the health and safety of another person or to the reputation or profits of their employer’s business; or
  2. Deliberately behaves in a way that is inconsistent with continuing their employment.

The most obvious examples of such conduct are:

A. Theft;

B. Fraud;

C. Assault; and

D. Being drunk at work (to the extent the employee can’t be trusted to carry out their duties).

A less obvious example is when an employee refuses to carry out a lawful and reasonable instruction that is part of his/her job.

Always seek legal advice when terminating an employment contract.