| Employees Activities Outside Work Hours |
| The extent to which employers are obliged to discipline employees for unacceptable activities outside the work places, were tested recently. |
On a training course out of town, after much alcohol, a manager made unwelcome sexual advances to a junior worker. When the Directors of Public Prosecutions concluded there was no prospect of obtaining a conviction, the court had to consider whether the government employee could be disciplined.
The Western Australia Department of Community Services (the employer) argued that the conduct impaired the employee?s ability to perform their duties in a manner consistent with the expectations of the Department. The court agreed.
This decision is an important indication that courts will be willing in certain circumstances to view employee actions performed outside the traditional work arena as having a relevant connection with the employment relationship. As such, employers need to be aware that complaints from members of staff relating to such occurrences outside the work environment may fall within the ambit of the employer?s disciplinary procedures and the employer may have a positive duty to investigate such occurrences.
30th-September-2003 |
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