For those who are reading this article to learn more about Unfair Dismissal Remedy Applications with Fair Work Australia, we outline some fundamental definitions which you should be familiar with.
Serious Misconduct includes, but is not limited to the following actions:
- wilful or deliberate behaviour by an employee that is inconsistent with the continuation of the contract of employment;
- conduct that causes serious and imminent risk to:
- the health or safety of a person; or
- the reputation, viability or profitability of the employer’s business;
- engaging in theft, fraud or assault;
- being intoxicated at work; and
- refusing to carry out a lawful and reasonable instruction that is consistent with the employee’s contract of employment.
Unfair dismissal occurs where a dismissal from employment is harsh, unjust and/or unreasonable:
- harsh because of its consequences for the personal and economic situation of the employee or because it is disproportionate to the gravity of the misconduct;
- unjust because the employee was not guilty of the misconduct on which the employer acted; and/or
- unreasonable because it was decided on inferences which would not reasonably have been drawn from the material before the employer.
If you have any questions in relation to this article, please contact Damin Murdock at Leo Lawyers on (02) 8201 0051 or at office@leolawyers.com.au.
DISCLAIMER: This article is not to be taken as legal advice and is general in nature. If you require specific advice, please contact us.
