What is gross misconduct?

Gross misconduct refers to behaviour or actions at work that fundamentally breaches the trust and confidence essential to your role and your employment. It typically involves deliberate wrongdoing or gross negligence that is significant enough to justify immediate dismissal without notice, even for a first offense.

What counts as gross misconduct is at the discretion of each company but usually it means any of the below:

• Theft or fraud.
• Gross negligence.
• Serious insubordination.
• Breach of confidentiality.
• Substance abuse at work.
• Significant conflict of interest.
• Discrimination or harassment.
• Violence or threatening behaviour.
• Severe health and safety violations.
• Serious misuse of company technology.
• Intentional damage to company property.
• Actions bringing the company into disrepute.

Employers will have more specific guidance as to what they consider gross misconduct. It’s recommended when starting a new job, you should familiarise yourself with these policies.

The disciplinary process at many workplaces will include a prompt and impartial investigation into the alleged misconduct, during which the employee may be suspended with pay. The employer will provide written notice of the allegations to the employee, detailing the charges and a disciplinary hearing is scheduled, giving the employee sufficient time to prepare. This preparation could be organising to have a colleague or a union representative with them at the hearing, as it their right.

During the hearing, evidence is presented, and the employee is given an opportunity to defend themselves against the allegations. The employer carefully considers all facts and evidence before making a decision.

The decision is communicated in writing, including the reasons for the decision. The employee is clearly informed of their right to appeal the decision, and the process for doing so, often through a letter of appeal against dismissal for gross misconduct.