When can you dismiss for serious misconduct?
Serious misconduct is best defined in an employment agreement and an employment policy. That will allow employers to dismiss an employee's employment on unambiguous and clear terms.
Misconduct is not to be confused with poor performance. Poor performance can take the form of unsatisfactory work performance, non-compliance with workplace policies, or unacceptable, disruptive or negative behaviour.
When considering terminating the employment of an employee, it is important to be aware of unfair dismissal and unfair termination laws to ensure that the termination will not fall foul of these laws.
Where an employer is faced with allegations that an employee may be guilty of serious misconduct it might be wise to suspend the employee whilst an investigation takes place. During the period of suspension, the employee should receive normal remuneration as the employee has not been found guilty of serious misconduct.
Given the serious nature of the allegations, the investigation should be conducted as quickly as possible. If the investigation finds the employee guilty of serious misconduct, the employer is entitled to dismiss the employee without notice of termination or without payment in lieu of notice in most circumstances.
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