{"id":202043,"date":"2021-01-27T14:23:31","date_gmt":"2021-01-27T01:23:31","guid":{"rendered":"https:\/\/legalvision.co.nz\/?p=202043"},"modified":"2026-01-21T11:39:52","modified_gmt":"2026-01-20T22:39:52","slug":"misconduct-vs-serious-misconduct-in-nz","status":"publish","type":"post","link":"https:\/\/legalvision.co.nz\/employment\/misconduct-vs-serious-misconduct-in-nz\/","title":{"rendered":"Misconduct vs Serious Misconduct in New Zealand"},"content":{"rendered":"\n

Misconduct refers to when an employee does something wrong or where there is an issue with that employee\u2019s behaviour. It can cover a wide variety of different situations. As an employer, it is not always easy to know how to respond. In particular, it can be difficult to distinguish between regular misconduct and \u2018serious misconduct,\u2019 which might justify the employee\u2019s dismissal.<\/span><\/p>\n\n\n\n

This article sets out what misconduct is, what serious misconduct is, and some common questions by employers if there is a pattern of misconduct.<\/span><\/p>\n\n\n\n

What is Misconduct?<\/span><\/h2>\n\n\n\n

Generally speaking, misconduct covers a wide range of issues where an employee\u2019s actions or behaviour are at fault. This can include lower-level misconduct like using inappropriate language or wearing inappropriate clothing to extremely serious workplace violence issues. <\/span><\/p>\n\n\n\n

As an employer, your response to any misconduct must be fair and reasonable in all of the circumstances. For example, minor misconduct may lead to a warning. Serious misconduct may lead to dismissal. When deciding how to respond to misconduct, you should ensure that you conduct a <\/span>fair investigation<\/strong><\/span><\/a> and disciplinary process.<\/span><\/p>\n\n\n\n

As serious misconduct is a different category from other types of misconduct, it is crucial to identify when misconduct might amount to being \u2018serious.\u2019<\/span><\/p>\n\n\n\n

At What Point is Misconduct Considered \u2018Serious Misconduct\u2019?<\/span><\/h2>\n\n\n\n

By definition, serious misconduct can involve some serious implications and consequences for your organisation and workplace. Hence, you should seek legal advice if you believe that an employee has committed this level of misconduct. <\/span><\/p>\n\n\n\n

The key question to ask when considering whether misconduct is \u2018serious\u2019, is whether the misconduct undermines or destroys the trust and confidence you have placed in the employee. This is more likely if the misconduct could impact the employee\u2019s ability to perform the job. <\/span><\/p>\n\n\n\n

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For example, suppose an employee is in a position of trust (with access to a cash register, or the business accounts) and has stolen money. In that case, this casts serious doubt on that employee\u2019s ability to be in that position.<\/span><\/p>\n<\/div>\n\n\n\n

Further, an employee\u2019s intention is an important consideration. Serious misconduct usually involves the employee acting deliberately. However, there may be circumstances in which an employee fails to act, or acts so carelessly, that it amounts to serious misconduct.<\/span><\/p>\n\n\n\n

Examples of behaviour that often amounts to serious misconduct include:<\/span><\/p>\n\n\n\n