At a recent media event at Wellington Railway Station, reporters’ questions for Minister for Rail Winston Peters were railroaded by a disgruntled bystander expressing his view that the new rail funding being announced was a “load of bollocks.”
Employer’s Lanyard
The ensuing verbal skirmish may have been the end of the matter if not for a lanyard around the irate commuter’s neck clearly showing the name of his employer. When the lanyard came to the country’s attention, the engineering consultancy firm which employed him issued an apology to Mr Peters and others in attendance, noting they are investigating the employee in line with their code of conduct. But can they discipline him for his actions outside the workplace?
Bringing an Employer into Disrepute
The Employment Relations Act 2000 states a dismissal of, or other disciplinary action against an employee, will only be justified if the employer’s actions were “what a fair and reasonable employer could have done in all the circumstances” when the dismissal or action occurred. It is well established that disciplinary action can be justified for behaviour that “brings the employer or its business into disrepute”, including where it occurs outside the workplace. The conduct need only “have the potential to negatively impact” the employer’s business.
For example. a registered nurse’s personal Facebook posts expressing her concerns about the Covid-19 vaccine and Muslim immigration to New Zealand, made on her own time to her 86 Facebook friends, was enough to justify her dismissal from Te Whatu Ora. And a Union employee’s dismissal was upheld where she participated in unlawfully spray painting a business with political slogans, having driven there in an employer-branded car. A punch up in a bar between two Ministry of Primary Industries employees, following a work social function, was sufficiently connected to the men’s employment to justify disciplinary action against both.
Unsuitable for Employment
Disciplinary action may also be justified where conduct outside work hours demonstrates the employee is unsuitable for their employment or unable to perform their job. Examples include an employee convicted of criminal dishonesty being unsuitable to continue work as a bank officer, and an operator of heavy machinery dismissed for drinking a beer during his lunch hour.
If you are an employee or an employer seeking advice, call us on 03 211 0080!
