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  • Serious Misconduct and Wilful Misconduct

Serious and wilful misconduct is sometimes relied upon by employers as a basis for terminating employees.  What constitutes serious and wilful misconduct in any number of enterprises will vary depending on the type of operation and the sensitivity of the information with which the relevant person is dealing. Contact LAC Employment Lawyers today to find out where you stand 1300 309 551.

Where you are dealing with private and confidential information at any time always ensure that it is dealt with appropriately.  Unfortunately much sensitive information is dealt with by email including where a person is put under pressure by his/her employers over performance-related issues.  It behoves everyone who is sending private and confidential information by email to ensure that it is properly sanitised so that it does not become the basis for termination.  Some companies have very restrictive email policies and private email is considered sufficient reason for termination, particularly where it discloses matters about company operations and policies to others e.g. employment/disciplinary policies.


Serious misconduct is misconduct which is measured objectively. All one needs to do is to show that the conduct was intrinsically serious e.g. assault, fraud, theft, breaches of health and safety regulations, intoxication, any breach of confidentiality, disobedience of lawful and reasonable instruction, disrespect in the workplace, matters associated with the operational viability of the employer's enterprise, the use of indiscriminate email and conduct which by its very nature is pregnant with imminent and serious risk.
 

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Serious Misconduct and Wilful Misconduct Articles

Employment Law - Unfair Dismissal - Can an employee be dismissed for comments made on Facebook regarding work colleagues?

Date: February 27, 2012
Author(s): LAC Lawyers
Mr. Stutsel had worked for Linfox for over 22 years. Fellow managers had learnt of comments made about them on face book. One manger of Muslim origin was called a “bacon hater” and sexual innuendos and jokes were made about a female manager. An investigation was conducted. Mr. Stutsel was subsequently dismissed.

Employment Law - Unfair Dismissal or a Genuine Redundancy? When is Redeployment Reasonable?

Date: November 29, 2011
Author(s): LAC Lawyers
A common issue in termination of employment is determining whether the employee has been unfairly dismissed or made redundant. The employer may have told the employee that it is a genuine redundancy.

Employment Law - Employee Theft

Date: March 07, 2011
Author(s): LAC Lawyers
Employees stealing from employers in an increasing problem. This is increasingly evident when approximately 80% of workplace crime is carried out by employees. Employee dishonesty is a crime, it can take many forms such as embezzlement of funds, false invoicing, theft of cash, false inventory, payroll fraud and computer fraud.

Employment Law - Unfair Dismissal and Discrimination Provisions

Date: December 07, 2010
Author(s): LAC Lawyers
If you can answer yes to any of the following questions then this article on Unfair Dismissal and Discrimination is for you

Unlawful Discrimination Claims and Limitation Periods

Date: December 01, 2010
Author(s): LAC Lawyers
Having established your right to make an unlawful discrimination claim, the next step that one needs to consider is the limitation period for the lodgement of such a claim.

Employment Law - The Rights of an Employer and their Employee

Date: October 08, 2010
Author(s): LAC Lawyers
With the Law in this area constantly changing, many employers and employees are uncertain as to their rights with respect to such things as employment contracts, termination of employment and redundancy.

Employment Law - You Have Been Terminated, Does it Amount to Unfair Dismissal?

Date: October 08, 2010
Author(s): LAC Lawyers
Organisations with It is becoming more rampant in the current times that an employee is found to have been terminated. Termination of employment can take several forms and unfair dismissal seems to be a common occurrence.

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