Gross misconduct

Gross misconduct is misconduct by the employee that entitles the employer to dismiss the employee without any notice.


This is because the misconduct is so serious that the employee has actually committed a breach of contract.


Gross misconduct can be defined in a contract of employment or in policies that apply in the workplace. Where there are no written definitions the conduct will need to


Gross miscondcut will include the following:

  • dishonesty or theft
  • fighting
  • insubordination or refusal to obey instructions
  • mistreating other employees
  • bringing the employer into disrepute
  • serious negligence


Challenging gross misconduct

An employee can challenge the employers allegations of gross misconduct.


The employee can deny they were involved in any misconduct, However the employer only has to show thay have reasonable grounds for belief of the employees guilt not that they can absolutely prove the employee did it.


Alternatively the employee can argue that what they did is not serious enough to breach the contract of employment.


Dismissal process

The dismissal process for gross misconduct may be different from the normal process and may leave out some of the formal stages such as investigation or even perhaps a disciplinary hearing. However any dismissal process should be fair and at least allow an appeal by the employee.


An employee will have a right to be accompanied at any disciplinary hearing.


More information on the right to be accompanied at a disciplinary hearing

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Zero increases by 26%

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