PUBLICATIONS | 14 June 2014

Misconduct Outside Work Hours

To what extent can employers hold employees accountable for their conduct during their personal time outside work? When is it appropriate for an employer to draw the line in scrutinising such conduct?

Conduct occurring outside the workplace can give rise to disciplinary action by an employer. The key is to identify whether there is a sufficient nexus between the employee’s conduct and their employment. This article examines several cases where employees have been disciplined for conduct outside work hours. It will also give some practical tips on the process for disciplining employees and the factors which make conduct outside work legitimately the basis for disciplinary action...