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Misconduct

Workplace Misconduct: Understanding General and Serious Misconduct

Workplace misconduct refers to any behaviour that is inappropriate or unacceptable within the workplace. It falls into two categories: General Misconduct and Serious (or Gross) Misconduct.

What Is General Misconduct?

General Misconduct, also known as simple misconduct, involves behaviour that breaches company policy or procedures. It may reflect an employee’s failure to meet workplace duties or obligations, but it does not involve intent to harm others or the business.

Typically, employers address general misconduct through warnings and documentation. These records support future disciplinary action if the behaviour continues.

Examples of General Misconduct:

  • Repeated unexplained absences
  • Use of foul language
  • Excessive smoke breaks beyond policy limits
  • Making personal phone calls during work hours

Learn more in our Employee Performance and Conduct Guide.

What Is Serious Misconduct?

Serious Misconduct involves intentional actions that endanger others, damage property, or harm the business’s reputation or profitability. Employers may suspend the employee with or without pay during an investigation. In severe cases, they may proceed with summary dismissal, requiring the employee to leave immediately without notice or pay in lieu.

Employers must follow company policy carefully when responding to serious misconduct.

Examples of Serious Misconduct:

  • Theft
  • Assault
  • Sexual harassment
  • Fraud
  • Breach of employment contract
  • Threats or violence
  • Property damage
  • Substance abuse
  • Unsafe use of equipment or materials

See our Dismissal and Termination Info Guide for related procedures.

Preventing Misconduct in the Workplace

Employers can reduce misconduct by implementing proactive strategies:

  • Provide regular policy training to reinforce standards and consequences
  • Conduct performance reviews with constructive feedback
  • Offer coaching and upskilling to improve behaviour and satisfaction
  • Display posters to raise awareness of misconduct policies
  • Respond fairly and consistently to all misconduct reports

Out-of-Work Conduct and Employer Risk

An employee’s behaviour outside the workplace can still qualify as misconduct. Under the Fair Work Act, employees must protect their employer’s reputation. Actions that negatively affect business productivity or public perception—such as attending an illegal protest tied to the industry—may warrant disciplinary action.

Fair Work Ombudsman – Misconduct and Termination (fairwork.gov.au in Bing) (bing.com in Bing)

Misconduct and Unfair Dismissal Claims

To reduce the risk of unfair dismissal claims, employers must respond to serious misconduct fairly and consistently. This includes:

  • Implementing clear misconduct and dismissal policies
  • Reviewing procedures regularly
  • Documenting all disciplinary actions

Even when dismissal aligns with policy, employees may still lodge a claim. Employers should consider third-party investigation or mediation to ensure fairness.

How Assurance HR Can Help

Assurance HR supports businesses in managing misconduct effectively. We offer:

  • Policy reviews and updates
  • Staff training and awareness programs
  • Mediation and investigation support

📞 Call us today on 1800 577 515 to ensure your misconduct procedures reflect best practice and legal compliance.