Serious and Wilful Misconduct. 4.1 Serious misconduct is conduct that includes any of the following:
(a) wilful or deliberate behaviour by an Employee that is inconsistent with the continuation of the contract of employment;
(b) conduct that causes serious and imminent risk to:
(c) the health and safety of a person; or
(d) the reputation, viability or profitability of the Employer’s business;
(e) the Employee, in the course of the Employee’s employment, engaging in:
(f) theft;
(g) fraud; or
Serious and Wilful Misconduct. In the case of serious and wilful misconduct (e.g. theft, assault), the following procedure will be followed: The Company shall have a discussion with the Employee in which it will advise him / her of the alleged serious and wilful misconduct. The Employee shall be entitled to have a Union delegate / Organiser in attendance and will have the opportunity to respond to the allegation. If appropriate the Company may then issue a written notice of dismissal detailing the reasons for the dismissal.
Serious and Wilful Misconduct. In the case of serious and wilful misconduct (eg. Theft, assault), the following procedure shall be followed:
Serious and Wilful Misconduct. 71.1 When you are alleged to have engaged in serious misconduct Virgin Australia reserves the right to stand you down effective immediately with pay.
71.2 The procedural steps set out in Performance Management and Disciplinary Action clause shall apply together with Virgin Australia’s policies and procedures regarding performance and dispute resolution. Where there is any inconsistency between this Agreement and our policies, this Agreement shall prevail.
71.3 Serious and or wilful misconduct is misconduct which results in the employer no longer being bound to continue with the employment contract and which justifies summary dismissal (i.e. termination of employment, effective immediately, without notice).
71.4 Examples of serious misconduct by an employee include but are not limited to:
(a) a serious breach of your employment contract; Virgin Australia’s code of conduct or policies and procedures;
(b) dishonesty;
(c) theft;
(d) fraud;
(e) assault;
(f) abuse;
(g) bullying, harassment or discrimination, including sexual harassment;
(h) being drunk or under the influence of drugs and or alcohol at work;
(i) persistent or repeated acts of misconduct;
(j) conviction of an offence that constitutes a serious impediment to the carrying out of a staff member’s duties.
Serious and Wilful Misconduct. Serious misconduct is conduct that includes any of the following:
(a) wilful or deliberate behaviour by an Employee that is inconsistent with the continuation of the contract of employment;
(b) conduct that causes serious and imminent risk to:
(i) the health and safety of a person; or
(ii) the reputation, viability or profitability of the Employer’s business;
(c) the Employee, in the course of the Employee’s employment, engaging in:
(i) theft;
(ii) fraud; or
(iii) assault.
(d) the Employee refusing to carry out a lawful and reasonable instruction that is consistent with the Employee’s contract of employment. In the case of serious and willful misconduct, the following procedure will be followed:
(a) the Employer will have a discussion with the Employee in which it will advise them of the alleged serious and willful misconduct. The Employer will ensure that the Employee has had a reasonable opportunity to be represented at this meeting by a representative of the Employee’s choice (including a Union Delegate);
(b) the Employee will have the opportunity to respond to the allegation(s) and raise any mitigating factors;
(c) if appropriate, and after giving consideration to the Employee’s response and any mitigating factors, the Employer may terminate the Employee’s employment; and
(d) the Employer will provide to the Employee written notice of dismissal that, details the Employer’s reasons for dismissing the Employee, whether the dismissal is to be summary in nature (that is without notice or payment in lieu of notice), and the date on which the dismissal is to take effect.
Serious and Wilful Misconduct. The type of conduct that may allow the Employer to end employment without notice after a consideration of the circumstances includes: - Being drunk or under the influence of illegal drugs. - Stealing, fraud, assault or other criminal behaviour. - Sexual harassment and other offensive or other harassing behaviour. - Not carrying out health and safety obligations. - Refusing to carry out a lawful and reasonable instruction. - Not carrying out an employee’s duty.
Serious and Wilful Misconduct
