What constitutes serious misconduct?

• The Fair Work Act defines serious misconduct as:
  • wilful or deliberate behaviour that is inconsistent with the continuation of employment; and
  • conduct that causes serious and imminent risk to:
    • the health or safety of a person; or
    • the reputation, viability or profitability of the employer’s business.
• If the employer can show that the employee engaged in serious misconduct the employee’s employment can be terminated without notice.
• The employer must still follow proper and fair termination procedures to ensure the termination is fair such as:
  • conducting an investigation;
  • informing the employee of the allegations that have been made against them;
  • providing them with an opportunity to respond to the allegations before deciding to terminate the employee; and
  • allowing the employee the opportunity to have a representative present at meetings in relation to the allegation or termination.