Tag archives: serious misconduct

¿What rights does an employer have to suspend an employee?

By Isabella Gandini on December 6, 2017 Posted in Colombia, Latin America

In Colombia, Article 51 of the Labor Code states the causes for suspension of the labor contract, including among others, the faculty of the employer to suspend the employee(s) due to serious misconduct after conducting a disciplinary investigation. In this case, the law limits the sanction to eight (8) days of suspension of the activities … Continue reading

What is serious misconduct?

By David Cross on March 7, 2016 Posted in Asia Pacific, Australia

Last year we reported on a decision of the Supreme Court of New South Wales which upheld the summary dismissal of an employee for serious misconduct, even though the employer had not established, as a matter of fact, that the misconduct had occurred. The case marked a departure from a number of earlier authorities which … Continue reading

When is misconduct serious misconduct? #2

By David Cross on March 5, 2015 Posted in Asia Pacific, Australia

The District Court of New South Wales has ruled that an employee who was dismissed summarily for being drunk on duty was entitled, in the particular circumstances, to damages for wrongful dismissal. The damages were calculated on a basis which exceeded the 6 month notice period that applied under the contract to a termination without … Continue reading

When is misconduct serious misconduct?

By David Cross on March 2, 2015 Posted in Asia Pacific, Australia

The Supreme Court of New South Wales has ruled that an employer did not breach the contract of employment when it summarily dismissed an employee after having formed the opinion that he was guilty of serious misconduct. The case is significant because it marks a departure from a line of earlier authority which required that … Continue reading