Off-duty conduct of employees has been a hot topic in the news
recently. In the age of round-the-clock social media,
inappropriate employee conduct can have far-reaching effects on an
employer's brand and reputation. Employers often face
significant public pressure to terminate an employee based on
off-duty conduct, but concerns arise when terminations are
unwarranted and may result in grievances (in unionized
environments) or wrongful termination lawsuits (in non-unionized
environments).
The recent case of Union of Public Employees, Local 4400 v.
Toronto District School Board, 2015 CarswellOnt 6561 provides
an example of off-duty conduct which resulted in
dismissal.
In September 2012, the greivor attended a Toronto District
School Board (TBSB) school – off duty - to pick up her 13
year-old daughter. When she arrived, the grievor thought that
a 14 year-old male student had been bullying her daughter. An
altercation ensued, which was recorded by student
