Lancaster’s Workplace Essentials: Off-Duty Conduct

As social media usage has grown, the off-duty conduct of employees is more conspicuous than ever. In this installment of Lancaster’s Workplace Essentials webinar series, panelists will provide attendees with a guideline to key principles pertaining to off-duty conduct and associated discipline. Questions to be discussed include:

• What is encompassed by off-duty conduct? What factors do decision-makers consider in determining if the off-duty conduct in question is work-related?
• What lessons can be learned from recent decisions in which decision-makers have addressed whether an employer was correct to discipline or dismiss an employee due to off-duty conduct?
• In what circumstances have arbitrators found an employer’s decision to discipline or dismiss an employee due to inappropriate social media posts justified? Not justified?
• When will employers be required to investigate violence or harassment that occurred off duty? Could employers face liability for failing to investigate in these circumstances?
• How should employers and unions handle incidents where employees or members have been charged with a criminal offence? Can an employer suspend an employee without pay pending the outcome of the charges?
• When can an employer dismiss an employee who has been convicted of a criminal offence? Is a connection between the offence and the employee’s duties required for the dismissal to be justified?
• What aspects of off-duty conduct have been specifically addressed in workplace policies or collective agreement provisions?