Queensland News - Australian Veterinary Association

AVA Queensland News - August 2009AVA Members HR Advisory ServiceProviding Members with expert advice and support onemployment mattersHR MattersAVA Members HR Advisory ServiceSerious Misconduct and TerminationPractice owners are often faced with a level of conduct from an employee that justifies instant dismissal ratherthan giving a written warning or following standard disciplinary procedures. There is no strict definition of whatconstitutes serious misconduct, however instances of serious misconduct can be described as follows;• Theft from the business• Fraud• Assaulting someone in the workplace• Being intoxicated or under the influence of drugs at work• Severe breaches of OH&S legislation• Conduct that poses serious risk to the reputation, viability or profitability of the business.Serious misconduct is generally wilful or deliberate behaviour and consists of one single incident where severemisconduct was present as opposed to the cumulative effects of a number of actions by the employee overtime. When an employee is terminated for reasons of serious misconduct they forfeit the applicable notice oftermination period contained in their industrial instrument.If you feel an employee has committed serious misconduct and you are looking to terminate them, pleasecontact one of the HR Hotline team to discuss the matter first. Given the lack of clear definition as to what isand is not serious misconduct it is best to be entirely sure that the dismissal is justified otherwise the employeemay be able to access remedies such as unfair dismissal as the onus of proof is on the employer to prove thatthe misconduct was serious enough to warrant an instant dismissal.Subsequent Pregnancies and Eligibility for Parental LeaveQuestion: We have an employee who is currently on maternity leave with two months to gountil she returns. She has recently called and advised that she has fallen pregnant again.Although she will still be returning to work, she will be in the workplace for around 6 monthsbefore she goes on maternity leave again.I have looked at the Standard and it says that an employee must have completed 12 monthscontinuous service with the employer prior to going on leave.Does this mean that she does not receive a second lot of parental leave?Answer: In short, the answer is no. An employee must have completed the initial 12 month qualifying withthe employer before being entitled to take unpaid leave, after this point the employee is able to claim unpaidparental leave at any time provided the employee complies with the necessary notice and documentationrequirements.Question: Our employee has just gone on parental leave. She is now pregnant again; this means that theemployee will give birth before her expected return to work date.Answer: In these circumstances, provided the employee complies with the notice and evidentiaryrequirements, it is possible for the employee to claim a second period of unpaid maternity leave withouthaving to return to work.For more information, contact the team at the AVA Members HR Advisory Service on1300 788 977 or email avahrhotline@whr.com.au.The Hotline is open from 8.30am – 5.00pm Mon – Fri AEST.19