Over the weekend, a viral Jumbotron moment at a Coldplay concert caught more than just the band’s biggest fans.
Two senior executives from a U.S. tech company appeared on screen in what many interpreted as a romantic moment – despite both reportedly being in other relationships. Not long after, one of the executives resigned.
While the internet speculates, many are left wondering: can you really lose your job over what you do on your personal time?
In Canada, the answer, perhaps unsurprisingly is: it depends.
Off-Duty Conduct and Just Cause Dismissal
Canadian courts recognize that employees have a right to a personal life. But that doesn’t mean off-duty behaviour is always off-limits. In certain circumstances, an employer may have grounds to discipline or even terminate an employee for actions taken outside of work, particularly when those actions are incompatible with the employee’s role or harm the employer’s interests.
The key consideration is whether there’s a “nexus” between the off-duty conduct and the employer’s legitimate business concerns.
Courts may find that connection where the behaviour:
- Harms the employer’s reputation or brand;
- Makes the employee unable to perform their duties effectively;
- Results in coworkers refusing to work with them;
- Involves criminal activity; or
- Interferes with the company’s ability to manage the workplace efficiently.
An employee’s position within the organization also matters. Senior leaders (especially those who are the public face of an organization) may be held to a higher standard. Their off-duty actions can more easily be seen as a reflection of the employer’s values, especially if the behaviour is morally questionable or attracts public attention.
In addition, employers may point to workplace policies, such as those dealing with social media, conflicts of interest, or interpersonal relationships, to justify discipline. If an employee’s actions breach these rules, even off the clock, consequences may follow.
What Employers and Employees Can Learn
In a world where any moment can go viral, employers should regularly review their workplace policies to ensure they reflect today’s social media landscape, including expectations around off-duty conduct and reputational risks.
Employees, for their part, should be mindful of how their personal actions might intersect with their professional roles. Knowing the rules that govern workplace conduct is the best way to avoid surprises.
If you’re an employer looking to update your workplace policies, or an employee wondering where the line is, we’re happy to help. Get in touch at info@nelliganlaw.ca.
