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https://www.vwv.co.uk/news-and-events/blog/employment-law-brief/disciplinary-action-employees-conduct-outside-work#:~:text=This%20story%20raises%20the%20question%20-%20can%20employers,work%20has%20a%20bearing%20on%20the%20employment%20relationship.
https://www.hrdirect.com/can-you-discipline-employees-for-conduct-outside-of-work
In some states, taking disciplinary action (such as firing) isn’t legal unless the person used or was impaired by marijuana during work hours. Political activity, including protesting. The extreme, riotous activity at the U.S. Capitol on January 6, 2021, shifted our attention to the issue of personal accountability during tumultuous times.
https://www.vwv.co.uk/news-and-events/blog/employment-law-brief/disciplinary-action-employees-conduct-outside-work
This story raises the question - can employers take disciplinary action based on an employee's conduct outside of working hours? The short answer is that they can, provided the conduct outside of work has a bearing on the employment relationship.
https://irworx.co.za/2021/04/19/can-disciplinary-action-be-taken-for-misconduct-outside-the-workplace-and-working-hours/
To justify disciplinary actions, the onus rests on the employer to prove that it has legitimate reasons to be concerned about the employee’s conduct outside working hours and that the conduct negatively affects the employment relationship and the employer’s business interests.
https://www.hcamag.com/au/specialisation/leadership/disciplining-an-employee-for-out-of-hours-conduct-what-you-need-to-know/150490
In the pre-eminent authority on the issue, Telstra v Rose [1998] AIRC 1592, the Australian Industrial Relations Commission held that an employer can only discipline an employee for conduct engaged in outside of office hours where the conduct was so serious that it had either adversely affected:
https://employmentlawmatters.com/talent-performance/is/
To warrant disciplinary action, the employee’s out of hours conduct must be such that, viewed objectively, it is likely to cause serious damage to the relationship between the employer and employee; or the conduct damages the employer’s interests; or the conduct is incompatible with the employee’s duties as an employee: Rose v Telstra Corporation Ltd [1998] AIRC 1592 at [30].
https://www.pistonheads.com/gassing/topic.asp?t=1002996
If there is no provision in the contract for the employer to require you to work out of normal hours then the employer can't insist on the meeting being out of hours.
https://recruitingtimes.org/recruitment-and-hr-legal-updates/24124/can-you-only-hold-a-disciplinary-hearing-during-an-employees-normal-working-hours/
Let’s say you want to hold a disciplinary meeting for an employee who works a twilight shift from 7pm to 11pm. Unless the manager holding the meeting (and HR if they are assisting) is available in the evening, you may have to schedule it outside the employee’s normal working hours. However, you must act reasonably.
https://www.personneltoday.com/hr/misconduct-outside-workplace-five-key-employment-cases/
Fair to dismiss an employee for bringing his employer into disrepute. The Post Office v Liddiard. …
https://www.employment.govt.nz/resolving-problems/types-of-problems/misconduct-and-serious-misconduct/employee-actions-outside-of-work/
Activity on social networking sites (particularly outside of work hours) may be a cause for disciplinary action (including dismissal if it is serious or repeated). So that employees understand expectations, employers should have social media policies clearly setting out their expectations of behaviour both in and out of the workplace, covering for example:
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