"Serious misconduct" .... but was it really???
Some recent matters that I have advised and represented clients on have involved employees being sacked for "serious misconduct" which allowed their employers to dismiss them without paying them any notice. Under the Fair Work Act, the employer bears the responsibility of proving that the reason for the dismissal was serious enough to warrant a summary dismissal and also that the employer made the decision reasonably being that they undertook some form of investigation or inquiry before making the decision. In my experience many employer's "jump the gun" when making such decisions which may give employees a basis to challenge the decision. If you are ever faced with an allegation of serious misconduct, ask yourself - was the conduct that serious? Has the employer taken into account any mitigating circumstances or considered evidence that the conduct occurred differently to what they may think? If so you may have a grounds to challenge the dismissal and at the very least seek payment of the notice. You may also be able to seek compensation or reinstatement by making an application for an unfair dismissal to the Fair Work Commission.
