An employer can dismiss a member of staff based on gross misconduct while off-duty. Many employees have a misconception that their off-work actions do not concern their bosses. However, HR Insider (2020) underscores that the off-duty conduct of staff that hurt an employer’s standing, minimize an employee’s capacity to work efficiently, and make an employee’s co-workers reluctant, unable, or fearful of associating with the individual justify disciplinary measures, and sometimes termination. Furthermore, off-work behavior that severely violates the criminal code or that hinders an organization’s management from controlling its staff also merits dismissal.
An employer can terminate an employee due to conduct that jeopardizes the reputation of an organization. The Toronto District School Board (TDSB) terminated Ms. S for irresponsible off-duty conduct that spoiled the board’s reputation (HR Insider, 2020). Ms S. went to pick her teenage daughter at school. She found her crying after a confrontation with an older classmate, EM. Ms. S insulted EM and threatened to use her position in the TDSB to find weaknesses that could disgrace EM or her parents. A spectator recorded Ms. S’s insults and threats on EM and posted them on YouTube. The evidence and the existing policies of the board justified Ms. S’ termination because she damaged the employer’s reputation – she implied that TDSB’s staff could punish parents using unorthodox means (HR Insider, 2020). Ms. S should be held at a higher standard than an employee in another organization because she works for a school board. She should be able to handle children and parents’ conflict in school environments better than she did with her daughter and EM’s situation – she chose to abuse and threaten another student instead of seeking disciplinary assistance from the school administrators (HR Insider, 2020). Furthermore, the employer should not consider the employee’s past records because she demonstrated improper actions of attempting to hide the details of the case. The bottom line is that she is an unsuitable worker in TDSB because she is unable to handle children affairs professionally, and that is the primary role of the organization.
Some off-duty misbehavior does not amount to gross misconduct that necessitates termination. For instance, a Toronto Police Service (TPS) officer separated with his girlfriend. He returned to the apartment they were sharing to collect his possessions. The girlfriend was at home, and she screamed at the officer. The confrontation turned violent such that the police arrested and charged the officer with assault. The TPS sought to dismiss the officer for “discreditable and disorderly conduct that disgraced the law enforcement” (HR Insider, 2020). However, an arbitrator reinstated the officer because he did not find potential harm to the officer’s conduct to the police force’s reputation. Besides, a sober person would not think negatively of the TPS for sustaining a parking officer’s employment after shouting at his former spouse to give him his belongings (HR Insider, 2020). Nonetheless, the officer should be held to a higher standard than an employee in another organization because he is supposed to be a role model in enforcing public laws. The employer should also scrutinize the officer’s past work records to determine whether he consistently engages in “dishonorable” behavior, such as intimate partner violence before deciding on disciplinary action.
References
HR Insider. (2020). Can you fire employees for off-duty conduct? Web.