What Is Employee Misconduct?
Misconduct can include policy breaches, inappropriate behaviour, refusal of lawful and reasonable directions, misuse of company property or technology, confidentiality breaches, conflicts of interest, dishonesty, bullying, harassment, safety breaches and other conduct inconsistent with workplace obligations.
Not every breach requires the same response.
How We Help Sunshine Coast Employers
We assist with assessing allegations, disciplinary processes, investigations, employee meetings, show-cause processes where appropriate, warnings, serious misconduct, termination advice and post-termination disputes.
Responding to Allegations of Misconduct
Employers should identify exactly what is alleged, when and where it occurred, who was involved, what witnesses or records exist, which policies apply and whether immediate workplace risks require interim action.
Misconduct or Poor Performance?
Poor performance generally concerns whether an employee is meeting the requirements of their role. Misconduct concerns behaviour that may breach workplace rules or obligations. Correctly identifying the issue helps establish the right process.
Conducting a Workplace Investigation
Serious or disputed allegations may require a structured investigation involving clear allegations, evidence gathering, witness interviews, an opportunity for the employee to respond and objective findings.
Procedural Fairness and Disciplinary Action
Where significant disciplinary action is possible, the employee should generally understand the substance of the allegations and have an appropriate opportunity to respond before the final decision is made.
Employee Warnings
A warning should clearly identify the conduct of concern, the employer’s expectations and potential consequences if similar conduct occurs again. Vague warnings can create unnecessary uncertainty.
What Is Serious Misconduct?
Some conduct may be sufficiently serious that immediate termination is considered. The employer should still assess the facts, evidence, employee response and applicable obligations rather than relying on the label alone.
Summary Dismissal
Summary dismissal generally involves termination without notice because of alleged serious misconduct. Employers should carefully consider whether the conduct occurred, its seriousness, relevant policies, the employee’s explanation and whether the proposed outcome is proportionate.
Suspending an Employee During an Investigation
Suspension is not automatically appropriate whenever serious allegations arise. Employers should consider contractual arrangements, workplace risks and whether alternative interim measures are available.
Misconduct and Workplace Policies
Policies can establish standards around conduct, bullying and harassment, confidentiality, technology, social media, drugs and alcohol, safety, conflicts and company property. The wording and communication of the policy may be relevant in a disciplinary process.
Misconduct and Termination Risk
Termination following misconduct can result in unfair dismissal or other claims. Employers should consider both the substantive reason and the process followed, as well as any general protections risk.
Supporting Employers Across the Sunshine Coast
We assist employers throughout the Sunshine Coast with conduct issues ranging from straightforward policy breaches through to serious allegations requiring formal investigation.
Frequently Asked Questions
When should an employer seek legal advice?
Early advice is often most valuable before a significant workplace decision or process is finalised.
Can Saines Legal assist before action is taken?
Yes. We can review the circumstances, documentation and proposed process and help identify potential employment law risks.
Do you assist businesses throughout the Sunshine Coast?
Yes. We assist employers across Maroochydore, Mooloolaba, Buderim, Birtinya, Kawana, Caloundra, Noosa, Nambour and surrounding areas.
Speak With a Sunshine Coast Employment Lawyer
Contact Saines Legal to discuss your workplace matter with a Sunshine Coast employment lawyer.