Serious misconduct

Serious misconduct encompasses actions that are so harmful or egregious that they justify immediate dismissal. This includes activities that endanger others or the business, acts of dishonesty, violent behaviour, sexual harassment or wilfully disobeying important instructions. Such conduct breaks the fundamental trust between the employer and employee and often leads to termination without notice.

Dismissing for serious misconduct

Under the Fair Work Regulations, serious misconduct includes wilful or deliberate behaviour that is inconsistent with continuing employment, conduct that causes serious and imminent risk to health, safety or the business, theft, fraud, assault, sexual harassment, being intoxicated at work, and refusing to carry out lawful and reasonable instructions. Employees dismissed for serious misconduct are not entitled to notice or redundancy pay under the National Employment Standards. You should still investigate, put the allegations to the employee and give them a chance to respond. For example, an employee caught stealing from the till may be summarily dismissed after a fair process.

Read our guides to gross or serious misconduct and workplace investigations.