Originally published April 2010
Dealing with misconduct in the workplace is, unfortunately, an
issue that most employers will have to address at one stage or
another. Increasingly, however, employers find themselves in
situations where they wish to (or are required to) address
misconduct that occurs outside the hours and place of employment.
Employers who find themselves in such a situation ought to proceed
with caution as dealing with such misconduct is often more complex
than dealing with misconduct in the workplace.
Misconduct and Dismissal
Where an employee is being disciplined for misconduct outside of
work, the misconduct ought generally be of a type which reflects in
some fashion upon the employer/employee relationship. Generally
speaking there should be some direct connection between the
misbehaviour and the workplace or employment relationship. Whether
such a connection exists will have to be decided on a case by case
basis.
