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Where employers "fall down" acting on out-of-hours misconduct

There's a "relatively high threshold" that employers need to meet when taking disciplinary action against an employee for out-of-hours misconduct, a workplace lawyer says.

"It's against public policy to enable an employer to intrude too far on an employee's personal life," HR Law practice group leader Kristin Duff says in the latest HR Daily Premium webcast.

Therefore, she advises employers to "tread carefully" when considering disciplinary action.

Many court and commission decisions have upheld employers' right to act, Duff notes, but "the real key is being able to establish that the conduct is sufficiently connected to work"...

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