Serious Misconduct Investigations
What is a Serious Misconduct Investigation?
The Fair Work Commission defines a serious misconduct in the workplace in the Fairwork regulations as conduct that is wilful or deliberate and that is inconsistent with the continuation of the employment contract.(Fairwork Regulation 12) It is also conduct that causes serious and imminent risk to the health and safety of a person or to the reputation, viability or profitability of the employer’s business.(Fairwork Regulation 13)
Types of serious misconduct investigations could include:
Fighting or assault
Fighting or assault in the workplace can be seen as a serious misconduct by an employee. At Investigations NT, we can assist your organisation in preparing your case if an employee was to fight any unfair dismissal claim due to fighting or assault in the workplace.
Effect on the safety and welfare of other employees
If an employee’s conduct or capacity jeopardises the safety and welfare of others, it may trigger a serious misconduct investigation. Investigations NT can assist in preparing your case against any unfair dismissal claim
Company policy violations
Matters in the workplace involving repeated breaches of company policy or serious offences can trigger a serious misconduct investigation to ensure compliance, accountability, and the protection of organisational integrity and workplace standards.
Theft / IP Theft
Another example of a misconduct investigation, is when an employee steals from a company or takes trade secrets to another company after leaving ones employment. At Investigations NT we have been investigated many theft and IP theft from current and former employees.
Loss of trust and confidence
A serious misconduct investigation can occur when an employer loses trust and confidence in an employee’s ability to perform their role. Investigations NT can assist in gathering sufficient evidence to support the finding if a dismissal is challenged
Criminal Matters
Any matters committed in the workplace either by the employee or employer could be a matter for a serious misconduct investigation. Matters may include theft, fraud, physical violence and the use of illicit drugs.