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Blog / Unfair Dismissal

Dismissal Process (Misconduct)

Wednesday 1 August, 2018


Misconduct is when an employee does something wrong either by: doing something, not doing something, or through their behaviour. This could possibly justify some disciplinary action being taken by the employer.

An employer’s response to misconduct, in all of the circumstances, must be fair and reasonable.

There are two different levels of misconduct: misconduct and serious misconduct.

Misconduct includes things like the use of inappropriate language, internet misuse, and lateness. These acts on their own do not threaten the trust and confidence of the employment relationship. It would not justify dismissal unless it was repeated. At best, this type of misconduct could lead to a warning.

Serious misconduct can usually involve the employee acting deliberately, and has the effect of hurting the trust and confidence of the employment relationship. This can include acts like violent behaviour, use of illegal drugs at work, and bullying. This type of conduct could lead to dismissal.

In both situations, a fair investigation and disciplinary process must be carried out. This should involve the employer making clear the allegations, setting a date for a meeting, giving time for a support person to accompany you, and to give you a chance to respond to the allegations.

If you feel the process for your dismissal was not fair or reasonable then contact an employment law advocate to come up with a solution that works for you.

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