IR Q&A Issue 13

Posted 8 February 2019

IR Q&A Issue 13

Q: I am concerned about the behaviour of one of my employees and the Director wants to sack her.  Can she be instantly dismissed?

A: It will depend on the nature of the behaviour and whether it would constitute serious misconduct. Examples of serious misconduct include:

  • Criminal behaviour such as theft, fraud or assault;
  • Causing serious or imminent risk to the health and safety of another worker;
  • Causing serious or imminent risk to the reputation and/or profits of the employers business;
  • Deliberately acting in a manner that is inconsistent with the continuing of employment; or
  • Refusing to carry out a lawful and reasonable instruction that is part of the job.

If the behaviour is deemed to be serious misconduct, there would be grounds for instant dismissal but it important to note that whilst notice is not required to be provided, final payment of entitlements will still apply.

If the behaviour is not deemed to be serious misconduct, it might be that the employer and employee in question need to have a chat about the behaviour and what is expected of the employee.  Further information about how to manage performance and issue warnings, can be found here.


Q: I received an invoice from a subbie but it appears that they have changed their bank details.  Should I check with them before I pay it?

A: Yes, you should for all invoices!  Unfortunately, scammers have been known to hack the email accounts of businesses and then they forward invoices with new bank account details.  In some circumstances, the business isn’t aware of their email being hacked (unless someone actually questions it) and payments are made into the ‘new’ account and are not able to be retrieved.  A quick phone call could save you thousands of dollars! 

If you have any queries, please contact Kristie Burt on 6175 5919 or email

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