Can I make a finding of serious misconduct when a worker has been dishonest?
A definition of ‘serious misconduct’ is included in regulation 1.07 of the Fair Work Regulations 2009. This definition includes conduct that causes serious and imminent risk to the reputation of an employer’s business, as well as wilful or deliberate behaviour by an employee that is inconsistent with the continuation of the employment contract.
Whether certain conduct will constitute serious misconduct will depend on the circumstances, but essentially you need to be satisfied that the employee’s conduct would make it unreasonable to keep them employed in the role.
If you determine that an employee is guilty of serious misconduct, conduct a meeting to put the reasons for the summary dismissal to them, and ensure that you give them an opportunity to respond to those allegations before terminating their employment.