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https://www.claytonutz.com/knowledge/2016/february/out-of-hours-conduct-differing-approaches-in-workers-compensation-unfair-dismissal-and-equal-opportunity-jurisdictions#:~:text=In%20the%20context%20of%20unfair%20dismissal%20cases%2C%20Federal,or%20implied%20term%20of%20their%20contract%20of%20employment.
https://www.masconsulting.co.za/wp-content/uploads/2017/08/Misconduct-outside-working-hours.pdf
Misconduct outside working hours An employer has the right to discipline or even dismiss its employees for work-related misconduct. A dismissal for misconduct is based on the employee’s intentional or negligent non-compliance with company rules or standards.
https://fcwlawyers.com.au/insights/perspectives/dealing-with-employee-misconduct-outside-of-work-hours/
In an unfair dismissal context, ‘outside of work hours’ conduct is assessed through a different lens. In that context, the question of whether an employer can rely on outside of work hours conduct as a valid reason for dismissal depends on whether the conduct is of such a nature it could be said to breach an express or implied term of the employee’s contract of employment.
https://fcwlawyers.com.au/insights/perspectives/managing-employee-misconduct-outside-working-hours/
Managing employee misconduct outside working hours. 2 minutes read. Disciplinary action may be taken for out of work conduct where it damages the employer’s reputation or interests. For example, if an employee engages in drink driving and this is publicised through the media, the employer may summarily dismiss the employee or at least issue a first …
https://www.chronicle.co.zw/discipline-and-misconduct-outside-working-hours/
In conclusion, an inappropriate behaviour outside working hours or the workplace can result in discipline as long as connection with the workplace can be shown. Davies Ndumiso Sibanda can be ...
https://www.personneltoday.com/hr/misconduct-outside-workplace-five-key-employment-cases/
https://www.dlapiper.com/en/us/insights/publications/2013/12/out-of-hours-conduct--when-is-it-a-workplace-issue/
A valid reason for dismissal as a consequence of an employee's misconduct may exist if there is a connection between the out of hours misconduct and the employment. In the seminal case of Rose v Telstra 1, it was held that such a connection will arise when the employee's misconduct is so serious it indicates that the employment contract simply cannot …
https://leckerslaw.com/misconduct-outside-work/
In egregious situations, your misconduct outside work could become public fodder on national media. If they identify you and your workplace, your employer may rightfully become uncomfortable with their association to you. Some will react all too quickly by firing you for cause.
https://joubertassociates.co.za/can-you-discipline-an-employee-for-misconduct-outside-of-the-workplace/
Perhaps a highly debated and contentious topic is that of the employer disciplining employees for acts of misconduct outside of the workplace. While employers have every right to discipline employees for misconduct in the workplace, the question remains if that can be extended to disciplining and/or dismissing an employee for offences committed outside of the …
https://www.labourguide.co.za/discipline-dismissal/802-misconduct-outside-work-tricky-to-deal-with
the alleged assault had taken place outside the workplace and the incident had occurred outside normal working hours. However, the CCMA decided that the criminal case had no bearing on the labour law matter and that, despite the time and place it happened, the employee's misconduct still fell under the employer's jurisdiction.
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 …
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