Misconduct and serious misconduct are two terms used in Australian workplace law to describe different levels of employee misconduct. While both types of misconduct are considered unacceptable behavior in the workplace, there are some key differences between the two.
Below are the main Differences Between Misconduct and Serious Misconduct Australia
Misconduct refers to behavior that is considered to be in breach of an employee’s obligations under their employment contract, company policies, or workplace laws. Examples of misconduct may include things like arriving late to work, failing to complete work assignments, or using company resources for personal use.
Serious misconduct, on the other hand, refers to behavior that is considered to be particularly severe and can result in immediate termination of employment. Examples of serious misconduct may include things like theft, fraud, violence, harassment, or serious breaches of workplace health and safety policies.
One of the key differences between misconduct and serious misconduct is the severity of the consequences for the employee. While an employee who engages in misconduct may be subject to disciplinary action, including warnings, suspension, or demotion, an employee who engages in serious misconduct may be subject to immediate termination of employment.
Another key difference between the two is the level of investigation required by the employer. In cases of misconduct, employers may be required to conduct an investigation to determine the facts of the case and whether disciplinary action is warranted. In cases of serious misconduct, however, employers may be required to conduct a more thorough investigation, including gathering evidence and interviewing witnesses.
Overall, both misconduct and serious misconduct are considered unacceptable behavior in the workplace, but there are significant differences between the two in terms of severity and consequences for the employee. Employers must have clear policies in place to address both types of misconduct and ensure that they are following proper procedures when addressing such behavior.