Handling employee(s) misconduct outside work is a different scenario compared to when in the workplace, misconduct in the workplace can be dealt with quickly and with minimal fallout. However, in regard to conducts outside work, most organizations don’t have a laid procedure or policy. I should state it that most persons believe their organization or employer has no right into their private lives.
If there is a connection or negative impact as a result of employee misconduct outside work, the employer may deem it fit to interfere. Disciplinary actions can be taken against such employees depending on the gravity of the misconduct.
The following should be determined before taking disciplinary actions on the misconduct of the employee outside work.
1. What is/are the effects of the misconduct on the employer’s business?
2. Would the misconduct affect the employee job role?
3. Is there any effect on other employees?
4. Is it going to affect the trust and confidence between employer and employee?
SOCIAL MEDIA AS A TOOL FOR MISCONDUCT OUTSIDE WORKPLACE
One of the most common ways an employee can be guilty of misconduct is through social media. A simple comment, update e.t.c. is all it takes, it can go viral within a short period. It is necessary for employers to have a policy that guards social media usage both within and outside working hours.
As an employee, consider the following before and while using your social media. It can also be considered when drafting misconduct outside the work policy.
1. Make sure your activities are in line with the values of your organization.
2. Don’t divulge sensitive information.
3. Don’t engage in activities that may negatively affect your colleague(s), workplace e.g. bullying or threatening your colleague.
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DISCIPLINARY ACTIONS
The severity of the misconduct should determine the level of punishment, it can range from suspension, fine, or even dismissal. For example, if an employee commits fraud and is going to spend jail term, the organization may dismiss such an employee because it is going to affect the company’s reputation.
Each should be on case-by-case basis and the employee defaulting should be given a fair hearing.
Conclusively, your employees continue to represent you even outside the workplace, make sure you put things in place to guard against misconduct outside work.
REFERENCE: Sage, Rainey Collins, Law At Work, Employment New Zealand, Mondaq
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