No one wants to get accused of serious misconduct, as it can lead to losing one’s job. However, not all misconduct cases count as serious misconduct, and it’s often misused by employers and not fairly handled. This is where you have to understand what your rights are so that your situation can be fairly assessed.
What is Serious Misconduct?
Serious misconduct is any form of violation of an employee’s terms of employment, which eventually becomes grounds for dismissal. These may include:
- Putting your or your coworkers’ safety at risk
- Refusing to fulfil your work responsibilities
- Damaging your employer’s reputation or profitability
- Fraudulent behavior
- Inappropriate behaviour (physical/verbal abuse, bullying, sexual harassment, theft)
- Being under the influence of alcohol or drugs in the workplace
Engaging in any of these actions may result in immediate dismissal without notice. This also means you will not receive further payments, superannuation payments, or other entitlements.
Allegations Are Not Determinations: Here’s How A Union Can Help
Employers have a legal obligation to conduct a fair and thorough investigation before taking disciplinary action. This is where the union can make a critical difference. Here are some ways a union can help:
- Representation in Disciplinary Meetings: You have the right to a support person during any formal meeting, such as a union representative. They ensure fair treatment, that procedures are followed, and that you’re not pressured into saying or agreeing to anything against your interest.
- Ensuring Procedural Fairness: The union will monitor whether the employer follows due process. Otherwise, the union may challenge the legitimacy of the disciplinary action.
- Appeals and Grievances: If you’ve been unfairly dismissed or feel the punishment is disproportionate, the union can help you file a grievance, appeal the decision, or even take the case to an industrial tribunal or Fair Work Commission, depending on your jurisdiction.
- Advice and Clarity: Not every issue labelled as “serious misconduct” by an employer actually meets the legal definition. The union can provide clear advice on whether the allegation is valid and help you plan your next steps.
Proper Support in Serious Misconduct Situations
Allegations of serious misconduct can be intimidating and emotionally distressing. But remember, you have rights, and you are entitled to fair treatment. Your union is not just there for pay negotiations and general conditions; it’s your legal and professional support system in difficult times.