Gross Misconduct

Gross misconduct refers to severe violations of workplace policies that justify immediate termination of employment. Examples include fraud, theft, physical violence, harassment, and serious breaches of company policies. Unlike minor infractions that may result in warnings or corrective actions, gross misconduct typically leads to dismissal without notice or severance pay.

Employers must handle gross misconduct cases carefully, following legal guidelines and internal disciplinary procedures to avoid wrongful termination claims. Proper documentation, fair investigations, and adherence to labor laws are critical in ensuring that dismissals are justified and legally defensible.

What is the difference between gross negligence and gross misconduct?

• Gross Negligence refers to a severe lack of care or failure to perform duties that results in significant harm or risk. It is typically about careless or reckless behavior without intent to cause damage, such as ignoring safety protocols that lead to an accident.‍
• Gross Misconduct involves serious intentional or reckless behavior that violates company policies or legal standards and usually justifies immediate dismissal. It goes beyond negligence and often includes unethical or illegal acts.

Examples of Gross Misconduct:

• Theft or fraud
• Workplace violence or physical assault
• Harassment or discrimination
• Serious breaches of health and safety rules
• Substance abuse on the job
• Deliberate damage to company property
• Sharing confidential company information without authorization

In short, gross negligence is about extreme carelessness causing harm, while gross misconduct is about serious, often intentional, wrongdoing.