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Section : 1.07 Meaning of serious misconduct
Domain : Human Resource Management
Classification : Not Identified
Text Content
- (1) For the definition of serious misconduct in section 12 of the Act, serious misconduct has its ordinary meaning.
- (2) For subregulation (1), conduct that is serious misconduct includes both of the following:
- (a) wilful or deliberate behaviour by an employee that is inconsistent with the continuation of the contract of employment;
- (b) conduct that causes serious and imminent risk to:
- (i) the health or safety of a person; or
- (ii) the reputation, viability or profitability of the employer's business.
- (3) For subregulation (1), conduct that is serious misconduct includes each of the following:
- (a) the employee, in the course of the employee's employment, engaging in:
- (i) theft; or
- (ii) fraud; or
- (iii) assault;
- (b) the employee being intoxicated at work;
- (c) the employee refusing to carry out a lawful and reasonable instruction that is consistent with the employee's contract of employment.