Can a employer fire an employee for gross misconduct?
Employers are generally permitted under employment law to fire employees for what the employers deemed to be “gross misconduct.”
What does it mean to be dismissed for gross misconduct?
1. What is gross misconduct? Gross misconduct is behaviour, on the part of an employee, which is so bad that it destroys the employer/employee relationship, and merits instant dismissal without notice or pay in lieu of notice. (Such dismissal without notice is often called ‘summary dismissal’.)
When to dismiss an employee for serious misconduct?
‘Serious enough’ includes if it’s likely to or has caused serious harm to the organisation itself. Gross misconduct can include things like theft, physical violence, gross negligence or serious insubordination. With gross misconduct, you can dismiss the employee immediately as long as you follow a fair procedure.
What makes an employee guilty of gross misconduct?
Was the offence gross misconduct, as set out in your disciplinary procedures, and was the employee aware of the penalty that could be imposed as a result of that misconduct? Were there mitigating circumstances or other facts that should have been taken into account, for instance, health or domestic problems, provocation or ignorance?
What happens if an employee is fired for gross misconduct?
Gross misconduct can result in the employee being denied the option to continue her medical coverage. When an employee resigns or is fired, the Consolidated Omnibus Budget Reconciliation Act of 1986, or COBRA, provides continuation of medical coverage benefits, as long as the employee wasn’t terminated for gross misconduct.
Can a court challenge a gross misconduct termination?
However, because gross misconduct terminations tend to involve heightened emotions and disputed facts, there is an increased risk of a costly court challenge.
When does gross misconduct become a serious matter?
When gross misconduct means embezzlement, theft of company property or violent actions and behavior, it becomes a more serious matter than simply being denied medical coverage or rehire. When an employee is terminated for illegal acts, he might be subject to prosecution.
Can you get a job after gross misconduct?
Finding a new job can often be quite the struggle, but when you have recently been terminated because of gross misconduct, it can make the search for a new job a completely different type of struggle. There is still hope and steps that can be taken in order to help your chances of finding a new job.