Employee conduct outside of workplace increasingly a reason for termination

It is increasingly common for remedies to be sought by employees who have lost their jobs due to their conduct outside of the workplace.

A series of recent cases have highlighted the need for employers to proceed carefully when dealing with these situations. These cases also demonstrate that such conduct can, in many circumstances, be inconsistent with employment obligations.

This article does not address staff conduct at sporting or social events endorsed or conducted by the employer – that is a whole other article – but is limited to conduct outside work (on any view).

Examples where activities outside of work may impact a staff member's ongoing employment could include:

• dishonesty in an organisation such as church, school, or charity unrelated to the employer