Gross misconduct is misconduct so serious as to justify the immediate dismissal of an employee. Certain acts, such as theft, fraud, physical violence or serious negligence would almost always be gross misconduct.
Employers must always take into account the nature of their business and the circumstances surrounding the misconduct before any decision to dismiss is made. What is deemed to be gross misconduct in one industry may not be in another. For example, regularly using offensive language may be treated differently in different sectors and working environments.
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