Misconduct

In order to constitute misconduct, the conduct must have been wilful or at least of such a careless or negligent nature that one could say the employee wilfully disregarded the effects his or her actions would have on job performance. It requires a mental element of wilfulness, or conduct so reckless as to approach wilfulness.

1. The Legislation

   
   

2. Principles of Law

   
   
   • (a) Purpose of the Legislation
   • (b) Meaning of the Term "Misconduct"
   • (c) Onus of Proof
   • (d) Minutes of Settlement
   • (e) Which Employment
   • (f) Misconduct vs. Voluntary Leaving
   
   

3. Related Topics

   
   
   • Appeal to Board of Referees
   • Appeal to Umpire
   • Voluntary leaving