Job-specific gross misconduct is normally defined in your employment contract and you should check if misdelivery falls into that category. My feeling is persistent and frequent mis-delivery might do so, but a one-off occasion would not.

Gross misconduct is a serious matter and our human resources legal consultant feels an oral warning (which stays on your personnel record for six months but is ignored thereafter) might have been more suitable in your circumstances.

Typically employment actions leading to gross misconduct are:

• Theft from employer or individual
• Gross or offensive racial or sexual harassment,
• Fighting, assault or any other act of violence in the course of employment
• Acts of fraud or deliberate falsification of documents with intent to defraud the employer or the customer, including giving or taking a bribe or offering to do so
• Damage to employer property, that of another employee or visitors to the employer's premises arising from wilful or negligent acts
• Gross or repeated negligence or disregard of Health and Safety Rules and Procedures and associated policies in the course of employment which could endanger others
• Breach of confidentiality or disclosure of information which would be detrimental to the employer
• Serious incapability through alcohol or being under the influence of illegal drugs
• Prolonged unexplained absence (normally of more than 10 working days)

Unless there is a specific term dealing with mis-delivery in your employment contract our view is that you should appeal it either personally, through your trades union or your works council representative.

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