Serious Misconduct Agreement
4. After the meeting (or after the employee has responded in writing to the alleged fault), write a letter or email to the employee confirming the facts of the alleged misconduct and also confirming his or her statement. You should then indicate that you will review all the evidence and, on the basis of that evidence, make a decision on the future of the worker`s employment. Fair Labour Regulation 1.07 defines serious misconduct.  Serious misconduct is intentional or intentional conduct inconsistent with the continuation of the employment contract.  It is also conduct that poses a serious and immediate danger to a person`s health and safety or to the reputation, viability or profitability of the employer`s business.  On the other hand, the right to summary dismissal is waived at a delay after learning of the fault. The employer is aware of serious misconduct when his or her directing mind, such as a general manager. B is known. On the basis of these four stages of the procedure, the Employment Relations Act requires the employer to act in a manner that corresponds to what a fair and reasonable employer would do in all circumstances.
The employer must show that the worker`s actions are gross misconduct and that, in the circumstances, the result is appropriate. Serious misconduct is defined as any act (or, if any, inaction) that destroys or undermines the relationship of trust between the worker and the employer. Although this is the definition, many employers will face serious misconduct when a worker has acted in a very dangerous manner or if there have been serious breaches of the employment relationship. Once that trust does not exist, it means that the working relationship cannot be pursued. An employer who accuses a worker of “serious misconduct” in support of summary dismissal is subject to a “heavy burden” and, in the development of this opinion, is required to act reasonably pending trial (including possible investigations).