Gross Misconduct

Meaning & Definition

When an employee engages in gross misconduct, the act itself results from a major violation of company rules and ethical standards and, therefore, justifies immediate action without the requirement of providing notice before dismissal from employment. 

Importance of Gross Misconduct 

• The provision of workplace discipline and organizational integrity.
• Ensures HR can respond quickly with action if violations are serious.
• Ensures that ethical behaviour occurs within the workplace. 
• Reduces potential for both legal and reputational risk to the company.
• Ensures the company has a fair and accountable working environment.

Compliance Requirements 

• The Industrial Employment (Standing Orders) Act 1946 defines types of misconduct and outlines processes for disciplinary actions.
• The Industrial Disputes Act 1947 governs the termination of an employee’s employment due to misconduct.
• Employers must provide a fair procedure (a fair investigation, an opportunity to be heard) before imposing disciplinary action.