Serious and Willful Misconduct:

Ordinarily, serious and willful misconduct constitutes a breach of the terms of an employment contract to such great magnitude, that it gives the employer a right to summarily dismiss the employee.

What is in fact serious and willful misconduct will have to be considered in light of the reasonable standards or employment in the industry in which the event giving rise to a claim of serious and willful misconduct took place.

Industry codes of conduct or codes of practice can also be helpful in establishing whether an employee’s conduct was serious and willful.

The Courts and Tribunals may also produce a body of case law which can provide important guiding comment on how serious and willful misconduct can be defined in a given situation. The misconduct has to be so serious that it becomes a violation of a fundamental obligation on part of the person accused of the breach.

Generally speaking, a factual finding that an employee engaged in serious and willful misconduct at the time of sustaining an injury, may also negative the employee’s claim for compensation. There are exceptions to these principles but they can only be determined in the circumstances of each individual case.

The employment lawyers at Navado have dealt with many serious and willful misconduct claims and matters and have advised both employers and employees in relation to their rights and liabilities in disputes involving this issue.  If you need help in this area, you should consult with an employment lawyer immediately. 

Please contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au and arrange an appointment if you wish to speak to one of our solicitors. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.