Gross Misconduct

What is Gross Misconduct?

The term Gross Misconduct refers to conduct, actions, or behavior from an employee that can result in disciplinary action and is serious enough to justify instant dismissal. The severity of the act committed by the employee can destroy the relationship between the employer and the employee.

Gross misconduct can include fraud, violence, theft, breaches of safety requirements, health violations, intoxication, and more. Misconduct may also involve harm to another person’s health or well-being. 

There is a slight difference, compared to minor misconduct, which includes being late frequently, failure to complete tasks on time, or poorly executing tasks. However, if the employee’s behavior has been proven as deliberate or an act of gross negligence, it should be considered gross misconduct.

Here are some examples of gross misconduct - this is not an exhaustive list:

• Theft or fraud.
• Physical violence or bullying.
• Damage to property.
• Serious misuse of a company’s name or property.
• Deliberately accessing pornographic sites or other offensive material while at work.
• Set up a competing business.
• Misuse of confidential information.
• Serious insubordination.
• Discrimination or harassment.
• Bringing the organization into serious dispute.
• Offering or accepting bribes.
• Serious breach of health & safety regulations.
• Causing loss, damage, or injury to employees or employer assets through negligence.
• Serious incapability at work due to alcohol or illegal drug use.

It is important for every company to identify what they deem to be gross misconduct and to communicate this to employees. This is usually done through written policies, employment contracts, and employee handbooks, all of which employees should have easy access to. 

Employers are always advices to frequently review their disciplinary policies, so they can monitor forms of gross misconduct. Some forms of misconduct to keep in mind in the modern age is cyberbullying and software privacy.

Conclusion

The HR department or legal counsel should always be involved in gross misconduct situations. Employers are always advised to conduct thorough fact checks before defining gross misconduct. If the employee is proven to have committed gross misconduct at the organization, disciplinary action may be taken against them.