s.52Termination for misconduct
52
Section 52Part 7 — Unfair Dismissal

Termination for misconduct

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An employer may terminate forthwith the employment of an employee where the employee has been guilty of misconduct in or in relation to that person's employment so serious that the employer cannot reasonably be expected to take any course other than termination. Such misconduct includes, but is not limited to situations in which the employee has —
conducted themselves in such a manner as clearly to demonstrate that the employment relationship cannot reasonably be expected to continue;
committed a criminal offence in the course of employment without the consent, express or implied, of the employer;
behaved immorally in the course of that person's duties; or
is under the influence of a controlled drug (other than one lawfully prescribed by a health practitioner) or alcohol during the hours of that person's employment.
Where an employee commits misconduct in or in relation to that person's employment that is not sufficiently serious to justify that person's employer terminating that person's employment under subsection (1) but is such that the employer cannot reasonably be expected to tolerate a repetition, the employer may give the employee a written warning which shall describe the misconduct in respect of which the warning is given and state the action the employer intends to take in the event of any further misconduct.
Where an employee has been given a written warning under subsection (2), if that person, within twelve months following the receipt of the written warning, commits misconduct of any kind in relation to that person's work, the employer may terminate the employment of the employee, or take such other action as may have been specified in the written warning, without further notice.
For the avoidance of doubt, misconduct includes, but is not limited to, absenteeism.

Defined Terms

misconductwritten warning

Referenced By