Dismissal for gross misconduct

In most cases where an employer dismisses someone without notice and without going through the correct procedures, it will amount to wrongful and possibly unfair dismissal. The exception to this is where the employee has acted in such a way that the consequences to the business are damaging or in such a way that the employer could not be expected to continue to employ that person. In these circumstances the employee may be dismissed with immediate effect.

What will constitute gross misconduct will vary from one type of employment to another. However, in all cases employers are recommended to set out examples of what would be regarded as gross misconduct and employees should be sure to acquaint themselves with this.

Examples of behaviour which will usually lead to dismissal for gross misconduct include:

• abusive or violent behaviour
• theft or fraud, whether or not against the employer
• intentional damage to company property
• gross negligence
• serious insubordination
• serious breach of confidence
• misuse of company property
• incapacity for work as the result of alcohol or drug abuse
• discrimination, bullying or harassment

For information and advice on dismissal, employmentlawhelp’s expert team will be able to help. Call us on 084 4804 4800