Serious Misconduct and Wilful Misconduct

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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 stand1300 653 844.

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.