Gross Misconduct

What is Gross Misconduct?

Gross misconduct refers to actions by an employee that are so severe they fundamentally undermine the trust and confidence required in the employment relationship. Common examples include theft, fraud, violence, serious insubordination, and being under the influence of drugs or alcohol at work.

Why Gross Misconduct Matters

Even as a first offence, gross misconduct can warrant summary dismissal, meaning the employer terminates the contract without the usual notice period. However, employers should still follow a fair disciplinary process, including investigating the incident and giving the employee an opportunity to respond. Failing to follow proper procedure can expose the organisation to claims of unfair dismissal, regardless of the severity of the misconduct.