What Counts As Misconduct

Misconduct is the word employers reach for most often when explaining a dismissal, but it covers a wide range of behaviour, and not every version of it survives closer examination.

What It Means

Misconduct generally means a serious breach of workplace rules or standards, such as dishonesty, insubordination, harassment, or a clear breach of a reasonable company policy.

It is different from a genuine mistake made without bad intent, or a performance issue that reflects ability rather than wrongdoing.

Why It Matters To You

Being labelled misconduct does not, by itself, make a dismissal fair. Your employer still needs a provable reason and a process that gave you a chance to respond before deciding.

Weak or exaggerated allegations are common, and the specific facts behind the label matter far more than the word your employer chose to use.

What Must Your Employer Prove

They need to show the conduct actually happened, that it was serious enough to justify the outcome, and that you had a fair opportunity to explain yourself, often through a domestic inquiry.

If your employer skipped that step or the evidence looks thin, read about just cause and excuse to understand the standard being applied.

Keep any messages, warnings, or documents related to the allegation, since they can matter later, and check your 60-day window on the deadline calculator.