8 things you didn't know you could be fired for
There are some reasons for getting fired that are fairly obvious, like bullying and harassing coworkers. But there are other things you might not realise you could lose your job over.
We asked Andrew Jewell, principal lawyer and co-founder of Jewell Hancock Employment Lawyers, to clarify which actions could end in dismissal.
1. Risk to the business, including health and safety
Employees usually receive warnings for poor performance, Jewell says. However, that’s not the only thing you can be fired for. Any conduct that creates a health and safety risk (such as in a warehouse), or a financial risk (such as failure to follow banking policies), would be grounds for dismissal.
2. Failing to comply with your organisation’s policies
Many employers have extensive workplace policies and a clear code of conduct, Jewell says. “A failure to adhere to a policy, such as in relation to IT usage, can result in dismissal.”
3. Out-of-hours conduct that has some connection to work
You might assume that anything you do at the end of your workday won’t impact your work-life.
But Jewell says your behaviour in a public place – like a bar or nightclub – can end in dismissal if it has a connection to your workplace, such as being there with colleagues.
“Employees often have a misunderstanding that such conduct cannot form the basis of a workplace allegation,” he says.
4. Inappropriate social media usage
Tempted to argue with someone on the internet? Feel like venting about your job or customers on social media? Think very carefully about what you write or share online – even anonymously ¬ because it could have serious consequences if it is tied back to you.
“There have been many high-profile cases, and employees often think they have a right to express their opinion,” Jewell says. “However, where public posts can be linked to work, they can be the basis of a reason for dismissal.”
5. Dishonesty
Lying at work erodes trust and harms relationships with your employer and colleagues. Even worse, being dishonest – for example, stealing, misusing company credit cards or submitting incorrect timesheets – can lead to losing your job.
“Dishonesty, even on a small scale, such as knowingly falsely responding to an allegation, can be the basis for immediate dismissal,” Jewell says.
6. Receiving gifts
Many employers, especially in the public sector, have policies limiting the acceptance of gifts – including from clients, Jewell says. “Employees need to be aware of policies and be careful when a gift is offered.”
7. Lying on your job application
It can be tempting to exaggerate or embellish your experience when applying for a job. While there’s nothing wrong with highlighting your strengths, make sure to avoid outright lies during the entire recruitment process.
“If a false statement is made, that would be grounds for dismissal, even if the employment has commenced without issue,” Jewell says.
8. Outside employment
The rise in the cost of living means that many of us are working second or third jobs. But make sure that any extra work you do doesn’t conflict or interfere with the role you have with your main employer.
“Secondary employment can never be in conflict with the primary role and can never be contrary to policy,” Jewell says.
If in doubt, check with your employer. “The safest course is to seek consent of your primary employer and if consent is not given then don’t proceed with the secondary employment.”
What to do if you think you’ve been unfairly dismissed?
If you’ve been fired and believe it was unfair, don’t wait too long to do something about it. You’ll need to make an application within 21 days of your last day of employment, Jewell says.
You can seek advice through the Fair Work Commission, your union or a law firm. Jewell says the Fair Work Commission will consider whether there was a valid reason and a fair process.
“If there is no valid reason, such as the employee did not engage in the alleged conduct or it is not sufficiently serious to justify dismissal, or if there is an unfair process, such as not providing the employee with the opportunity to respond to allegations, then the dismissal will be unfair.”
Information provided in this article is general only and it does not constitute legal advice and should not be relied upon as such. SEEK provides no warranty as to its accuracy, reliability, or completeness. Before taking any course of action related to this article you should make your own inquiries and seek independent advice (including the appropriate legal advice) on whether it is suitable for your circumstances.
