What is ‘gross misconduct’?

Behaviour which is so bad that an employer cannot be expected to employ the employee any longer is called ‘gross misconduct’. The behaviour must be a fundamental breach of the contract of employment – a breach that goes to the heart of the contract.

For the misconduct to be ‘gross’, it must be extreme or abnormal and also culpable or blameworthy. The conduct must be incompatible with the employee’s duties of fidelity, trust and confidence. An act of dishonesty or an action intended to damage the employer’s interests would be prime examples. A series of lesser acts can be taken together to constitute a breach of the duty of trust and confidence.

An employer has the right to dismiss an