Serious misconduct refers to a significant violation of your terms of employment.
This includes things like:
- Putting someone’s health and safety at risk
- Putting your employer’s reputation, viability or profitability at serious risk
- Being intoxicated at work
- Refusing to do tasks that are a reasonable part of your job
If you engage in serious misconduct you can be dismissed on the spot and without notice. This usually means that you will not receive further pay, superannuation payments or other entitlements, apart from what you have already earned the time of dismissal.
If you are accused of serious misconduct
If your employer accuses you of serious misconduct you should:
- Ask your union for advice about what to do immediately
- Keep communication with your employer in writing as much as possible
- Always take a union representative or other support person with you when meeting with your employer
If the dismissal is harsh, unjust or unreasonable you may be able to file for unfair dismissal.
Funding for this factsheet was provided by:
- the Victorian Government as part of the uTech project; and
- the Fair Work Ombudsman.
Please note that the information given here is general information only and is not legal advice. For further assistance, it is recommended you speak to your union.