What factors should we be considering when determining whether an employee’s behaviour amounts to gross misconduct?Posted in : First Tuesday Q&A NI on 4 May 2021
What constitutes gross misconduct is a mixed question of fact and law. In general terms, “gross misconduct” connotes the most serious types of misconduct. It must be a fundamental breach i.e. a breach going to the heart of the contract.
The misconduct must be gross (i.e. extreme, or abnormal) and culpable (blameworthy). It will be conduct which is incompatible with the employee's duties of fidelity, trust and confidence. This could be, for example, an act of dishonesty or an action intended to damage the employer's interests. It could also be a series of acts which, when taken together, are of sufficient seriousness to amount to a breach of trust and confidence.
You should consider any
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