According to the Fair Work Commission and employer is entitled to expect a higher standard of conduct from senior employees, thus
“[51] It is uncontroversial that an employer can expect more from employees in senior positions. In Hocking v Public Service Association of South Australia Inc.,15 Stanley J of the Industrial Court was considering a matter involving an applicant who was employed either in the capacity of Administrative Co-ordinator (Industrial) or Industrial Officer of the Union, and was dismissed from her employment with the respondent association following alleged misconduct by her in removing and playing to unauthorised persons a tape of a confidential meeting of the council of respondent association. Stanley J. held:
The applicant was a senior officer in the employ of the respondent. The executive and council of that association were entitled to expect that they would receive loyalty, trustworthiness and honesty from the applicant. On the findings I have made they did not receive them.
[52] Similarly, I consider the Respondent was entitled to expect loyalty, trustworthiness and honesty from the Applicant, even without recourse to the Contract, which also outlined such considerations. Such expectations were not forthcoming.
[53] The Applicant’s conduct was wilful, deliberate and inconsistent with the continuation of his employment. That conduct, involving such serious safety breaches, constituted serious misconduct as defined in clause 1.07 of the Fair Work Regulation 2009. “
Mcallister v Ahoy Club Fleet Management Pty Ltd [2024] FWC 2651 delivered 24 October 2024 per Cross DP