Tag Archives: gross misconduct
Employment contracts often provide that employees may be dismissed without notice or payment in lieu of notice for 'serious misconduct'. However, what constitutes 'serious misconduct' is not always clear. The recent decision of the Court of Appeal of Singapore in … Continue reading
UK: Discipline – gross negligence can be gross misconduct justifying dismissal without notice in some circumstances
Employers may be entitled to summarily dismiss an employee for a grossly negligent failure to act, for example where the employee is senior and fails to uphold a key policy of the employer.
UK: Unfair dismissal – broad investigation may be required where credibility of serious allegations at issue
Where an employer is contemplating dismissal for gross misconduct on the basis of disputed and uncorroborated evidence, fairness may require it to carry out a broad investigation, including into evidence that goes to credibility.
UK: Unfair dismissal – reliance on inappropriate final warning could render dismissal for gross misconduct unfair
In Bandara v British Broadcasting Corporation, an employer dismissed an employee in reliance on both recent gross misconduct and a prior final written warning which the tribunal found to have been ‘manifestly inappropriate’.
An employer can fairly dismiss for gross misconduct where it has a genuine and reasonable belief (after reasonable investigation) that an employee has dishonestly exaggerated their condition and fraudulently claimed sick leave and pay. The EAT confirmed in Metroline West … Continue reading
In brief The Court of Appeal of New South Wales in Bartlett v Australia & New Zealand Banking Group Ltd  NSWCA 30 has upheld an appeal by an employee for damages for breach of contract, finding that he was … Continue reading
HR should ensure that, when advising managers investigating or deciding on disciplinary matters, their advice is limited to matters of law and procedure, for example, to ensure all necessary issues have been addressed clearly; they should not advise on culpability or … Continue reading
UK: Unfair dismissal – dismissal for attending work smelling of alcohol was unfair given failure to follow policies
Employers seeking to dismiss for misconduct should consider carefully whether the behaviour properly falls within the category of gross misconduct and ensure they apply the precise terms of their policies and procedures. In McElroy v Cambridgeshire Community Services the dismissal … Continue reading
UK: Termination – employers can rely on historic repudiatory breach to dismiss summarily on discovery of the breach
Employers may be able to dismiss summarily and defeat a wrongful dismissal claim if they discover a repudiatory breach by the employee, even where the breach occurred several years prior to its discovery and is only discovered by the employer … Continue reading
UK: Termination – payment in lieu of notice payable despite subsequently discovered gross misconduct
Employers should review any precedent payment in lieu of notice (PILON) clauses and compromise agreement wording to ensure that any payment will not be payable or can be recovered if, having dismissed an employee, the employer subsequently discovers the employee’s … Continue reading