What is serious misconduct?
Serious misconduct is behaviour severe enough to justify immediate dismissal without notice, such as theft, fraud, assault, or serious safety breaches.
Serious misconduct is conduct by an employee that is so serious it makes the continuation of employment untenable, even on a temporary basis. It is defined in Regulation 1.07 of the Fair Work Regulations 2009 and allows an employer to terminate employment immediately without notice or payment in lieu of notice.
Examples include theft, fraud, assault, sexual harassment, being intoxicated at work, and wilful or deliberate behaviour inconsistent with continued employment. A single serious safety breach can also constitute serious misconduct. The employer must still follow procedural fairness — investigating the allegation and giving the employee an opportunity to respond — before terminating.
Key facts
- •Defined in Regulation 1.07 of the Fair Work Regulations 2009
- •Allows immediate termination without notice or payment in lieu
- •Includes theft, fraud, assault, serious safety breaches, and intoxication at work
- •Employer must still investigate and provide the employee an opportunity to respond
- •The employee is still entitled to accrued leave payouts on termination
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Notice Period CalculatorFrequently asked questions
Can I be fired on the spot for serious misconduct?
Technically yes — no notice period is required. However, your employer should still investigate the allegation and give you a chance to respond before making the decision. Failure to do so could make the dismissal unfair.
Do I still get my entitlements if dismissed for serious misconduct?
You lose your right to notice pay, but you are still entitled to payment for accrued annual leave, any outstanding wages, and superannuation.
General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.