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Gross Misconduct (also known as “serious misconduct”)

Published December 07, 2018 Author: servian

Wilful or deliberate behaviour by an employee that is inconsistent with the continuation of the contract of employment.

For conduct to be considered as ‘gross’ or ‘serious’ it must cause serious and imminent risk to the health and safety of a person, or the reputation, viability or profitability of the employer’s business. (eg. theft, fraud, assault, intoxication and the refusal to carry out a lawful and reasonable management direction).

If the aforementioned definition is satisfied, the employee may forfeit the period of notice of termination and may forfeit certain entitlements normally due on termination of employment.

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