Each company has different policies accordingly which they define severity of misconduct. However, gross misconduct in the workplace is objectionable action that is intentional and cannot be labelled as a mistake or an act of negligence. Poor performance from employee is not gross misconduct. It is the responsibility of the company to clearly state in employment contract what constitutes as gross misconduct. It should also carry put reasonable investigations and treat all cases on consistent basis. Employee can sue for damages in case of lapse on the company’s part in following procedures.
Some of the examples of gross misconduct are sexual harassment, violent behaviour, coming to work under influence of drugs, deliberate fraud, destruction of company property etc. Repeated minor misconduct can also amount to serious offense.