Employment Notes
Tag: gross misconduct
Showing 12 out of 16 results
Hong Kong: The Requirement of Being 'Fit and Proper'
In many industries, it is a requirement that certain individuals performing regulated activities are, and remain, fit and proper. For example, these …
Hong Kong: When can an employer dismiss summarily?
Employers have a range of options at their disposal for dealing with disciplinary matters, from informal verbal warnings through to summary dismissal …
UK: Medical assessments - employers should review their arrangements to minimise risk of vicarious liability
A High Court has held in Various claimants v Barclays Bank an employer vicariously liable for the acts (in this case, alleged sexual assaults) of a …
UK: Employer's duty of trust and confidence - caution needed before suspending to investigate alleged misconduct
A recent High Court ruling serves as a reminder to employers not automatically to suspend an employee accused of misconduct while an investigation takes …
China: Termination of employment for violation of professional ethics
A recent Interpretation issued jointly by Beijing Higher People's Court and the Beijing Labor Dispute Arbitration Commission on 24 April 2017 suggests …
UK: Unfair dismissal - poor attitude towards organisational change could justify gross misconduct dismissal
The Court of Appeal has upheld a tribunal ruling that deliberate resistance by a manager asked to implement organisational change was gross misconduct. …
Singapore: the meaning of serious misconduct
Employment contracts often provide that employees may be dismissed without notice or payment in lieu of notice for 'serious misconduct'. However, what …
UK: Discipline - gross negligence can be gross misconduct justifying dismissal without notice in some circumstances
Employers may be entitled to summarily dismiss an employee for a grossly negligent failure to act, for example where the employee is senior and …
UK: Unfair dismissal - broad investigation may be required where credibility of serious allegations at issue
Where an employer is contemplating dismissal for gross misconduct on the basis of disputed and uncorroborated evidence, fairness may require it to carry …
UK: Unfair dismissal - reliance on inappropriate final warning could render dismissal for gross misconduct unfair
In Bandara v British Broadcasting Corporation, an employer dismissed an employee in reliance on both recent gross misconduct and a prior final written …
UK: Unfair dismissal - "taking a sickie" is gross misconduct
An employer can fairly dismiss for gross misconduct where it has a genuine and reasonable belief (after reasonable investigation) that an employee has …
UK: HR advice on disciplinary matters should be limited
HR should ensure that, when advising managers investigating or deciding on disciplinary matters, their advice is limited to matters of law and procedure, …
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