Employment Case
The definition of workplace is broadening
The definition of what is a place of work is broader than in years past.
This is partly due to increased societal demands for employers to ensure that the conduct of employees is within the bounds of what is reasonable. The possibility of damage to company reputation and social licence is also increasingly front of mind for many employers.
In one unfair dismissal case* an employee was dismissed for groping a bartender. The hotel that the employee was staying at was paid by the employer and was one where employees regularly stayed at.
The employees conduct in groping the bartender led to his dismissal on the grounds of bringing the company into disrepute.
The worker argued that the dismissal was unfair as his conduct occurred outside his workplace – however the commission found differently given the clear relationship between the employer and the hotel.
Clearly employee conduct that damages an employer’s brand may lead to disciplinary actions – or as in the case above dismissal.
If you are an employer and want assistance in workplace matters or help in implementing company procedures that will mitigate risk around employee misconduct contact JumpHR.
*https://www.fwc.gov.au/documents/decisionssigned/html/2015fwc506.htm
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