Misconduct

All Topics

• When is it unlawful to discipline an employee?
  Disciplining an employee for misconduct without proof may open you up to claims of unlawful adverse action under the general protections provisions.
  Feb 19, 2020

• Consequences of unlawful employee discipline
  An employee can complain to the FWC that you are disciplining them for a reason that is prohibited by the general protections provisions.
  Feb 19, 2020

• What is employee misconduct?
  Your employees are obliged by their employment contract to behave appropriately in the course of their employment.
  Jul 01, 2018

• What behaviour constitutes serious misconduct?
  For behaviour to be serious misconduct, it must be more serious than ill-advised conduct, an omission to act or an error of judgement.
  Jul 01, 2018

• What is not misconduct?
  Poor performance should not be considered misconduct unless it is deliberate or the result of a failure to take reasonable care.
  Jul 01, 2018

• Importance of having a procedure for handling misconduct
  You should have an established procedure in place that aims to resolve misconduct quickly and fairly, and to give employees certainty about how the misconduct will be handled.
  Jul 01, 2018

• How to handle an allegation of misconduct
  There are six steps you should take when an allegation of misconduct is made.
  Jul 01, 2018

• Investigating alleged misconduct
  Conduct a prompt and thorough investigation into the alleged misconduct.
  Jul 01, 2018

• Investigating alleged criminal misconduct
  If the alleged misconduct involves potential criminal conduct, you can continue to investigate the matter.
  Jul 01, 2018

• Who should conduct the investigation?
  Authorised and trained staff in your company should conduct the investigation.
  Jul 01, 2018

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