Misconduct policy template
A free, ready-to-edit misconduct policy template for Australian workplaces. Set clear definitions of general and serious misconduct, a fair investigation process and procedural fairness aligned with the Fair Work Act — so disciplinary action is consistent and defensible. No signup required.
Misconduct policy
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By downloading, you agree to our template disclaimer
This misconduct policy template reflects Australian Fair Work standards at the time of publication and is provided as a general guide only — not legal advice. Disciplinary action and dismissal must comply with the Fair Work Act, including procedural fairness, so adapt it for your workplace and seek independent advice for serious matters. It does not constitute legal, HR, or professional advice and should not be relied on as a substitute for advice specific to your business, workforce, or circumstances.
Why your workplace needs a misconduct policy
Workplace misconduct is any behaviour, action or negligence that breaches your policies, an employee’s contract or reasonable professional standards. It ranges from minor breaches — like chronic lateness or ignoring procedures — to serious misconduct such as theft, fraud, violence or a serious safety breach that can justify dismissal. Without a clear policy you risk inconsistent treatment, a culture where boundaries are unclear, and exposure to unfair dismissal claims.
A misconduct policy defines what is unacceptable, how allegations are investigated, and what consequences apply. It gives managers a fair, documented process to follow and gives employees certainty about the standards expected of them. It works hand in hand with your code of conduct, which sets the behavioural expectations a misconduct process then enforces.
Under Australian workplace law, procedural fairness is essential before any disciplinary action. Employees must know the allegations against them, have a genuine opportunity to respond, and have that response properly considered. Store the policy and capture acknowledgements in your HR software so you can show every worker has read and understood it.
What a misconduct policy should cover
The essentials of a fair, defensible disciplinary framework
Misconduct definitions
What separates general misconduct from serious (or gross) misconduct.
Investigation process
How allegations are investigated promptly, impartially and confidentially.
Procedural fairness
The right to know the allegations, respond and bring a support person.
Disciplinary steps
Progressive discipline from a verbal warning through to dismissal.
Summary dismissal
When serious misconduct may justify dismissal without notice.
Documentation
The records to keep at every stage to support each decision.
What's included in this template
A complete framework for managing misconduct fairly and lawfully
Purpose & scope
Why the policy matters and who and when it applies — including contractors and work events.
Policy statement
The core principles of fair, consistent disciplinary management.
Definitions of misconduct
Clear examples of general misconduct and serious misconduct.
Reporting misconduct
How suspected misconduct is raised and recorded.
Investigation procedures
Steps for investigating allegations fairly and confidentially.
Procedural fairness
Employee rights during meetings, including a support person.
Disciplinary outcomes
The range of actions from counselling to termination.
Progressive discipline
Escalating consequences for repeated or continued misconduct.
Summary dismissal
Circumstances that may warrant immediate dismissal without notice.
Appeals & acknowledgement
How decisions can be appealed, plus employee sign-off.
General vs serious misconduct — and how to act fairly
Getting the category and the process right protects everyone
Two kinds of misconduct
General misconduct is a minor breach — chronic lateness, a one-off policy breach or unacceptable conduct — usually managed with counselling and progressive warnings. Serious misconduct (the Fair Work Regulations include theft, fraud, assault, intoxication and serious safety breaches) is conduct so serious it makes continuing employment unreasonable, and may justify summary dismissal.
Procedural fairness still applies
Even for serious misconduct you must follow a fair process: investigate the allegations, put them to the employee, allow a support person, and genuinely consider their response before deciding. Skipping these steps is the most common reason a dismissal is found to be unfair.
A fair misconduct process
Report
Suspected misconduct is raised with a manager or HR and recorded.
Investigate
An impartial person gathers evidence and statements and reaches a finding.
Respond
The employee hears the allegations and responds, with a support person.
Decide
A proportionate, documented outcome — from a warning to dismissal.
Outcomes should match the severity and history of the conduct. For most matters, follow a warning letter and progressive discipline; reserve dismissal for valid reasons handled with a fair termination process.
Keep misconduct separate from underperformance: genuine capability or output issues are usually best handled through performance management, not discipline. For deeper background, see our glossary entry on employee discipline and the employment law guide. The Fair Work Ombudsman and Fair Work Commission publish best-practice guidance on managing conduct and the criteria for a fair dismissal.
Who should use this template?
Any Australian business that employs staff needs a fair way to manage conduct
Especially valuable for managers and supervisors, who are usually the first to receive or witness a misconduct concern.
Compliance resources
Official guidance on managing misconduct, discipline and fair dismissal.
Manage your policies the easy way
RosterElf helps Australian businesses store policies, capture employee acknowledgements at onboarding and keep an audit trail — so you can show your misconduct policy was issued, read and understood.
Related guides
Run a fair, defensible disciplinary process
How to write a warning letter
Document misconduct correctly and set out clear expectations.
Read guideHow to handle a workplace complaint
A fair, step-by-step process for receiving and resolving complaints.
Read guideHow to terminate an employee fairly
Meet Fair Work requirements when misconduct warrants dismissal.
Read guideRelated templates
Build out your conduct and discipline framework
Termination of employment policy
The process for ending employment when misconduct warrants dismissal.
View templateWarning letter template
A structured letter to document misconduct and required improvement.
View templateCode of conduct policy
Sets the behavioural expectations a misconduct process enforces.
View templateMisconduct policy FAQ
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Workplace misconduct is any behaviour, action or negligence that breaches your policies, an employee’s contract or reasonable professional standards. It ranges from general misconduct — minor breaches like chronic lateness or ignoring a procedure — to serious misconduct such as theft, fraud, violence or a serious safety breach. A misconduct policy defines these behaviours and sets out how they will be handled.
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General misconduct is behaviour that breaches workplace rules or standards — for example repeated lateness or a minor policy breach — and is usually managed with counselling and progressive warnings. Serious (or gross) misconduct is conduct so serious it makes continued employment unreasonable, such as theft, fraud, assault, intoxication at work or a serious safety breach, and it may justify summary dismissal. Learn more about employee discipline.
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No. Misconduct is about behaviour and choices — breaking rules or acting inappropriately — while underperformance is about an employee not meeting the required standard of their work despite genuine effort. They are best handled through different processes: discipline for misconduct, and performance management for capability or output issues.
Before you download
General information only — not legal advice
This document is a general HR template provided for informational purposes only. It is not legal advice and may not reflect the latest changes in legislation or apply to every workplace situation. RosterElf Pty Ltd and the template provider accept no liability for any loss arising from reliance on this document. Users should seek independent legal advice and customise the template to ensure it complies with all relevant laws, awards and workplace requirements.