Having a clear, written policy setting forth your expectations for off-duty conduct can lay the legal groundwork for disciplining employees who commit serious infractions when they’re off-duty and away from the workplace. Here’s a template you can adapt for your own circumstances.
STATEMENT OF POLICY
The management of ABC Company recognizes that how employees decide to lead their lives when they’re off-duty is a private matter. However, the way employees behave and present themselves when off-duty can also have a significant impact on ABC Company, its business, reputation, products, customer relations and workplace environment.
Accordingly, employees are reminded that the requirements to engage in legal, ethical, moral, professional and respectful behaviour set forth in ABC Company’s HR policies and Code of Conduct apply both in and away from the workplace. Accordingly, employees who violate those standards of conduct and behaviour when they are off-duty and/or away from the workplace will be subject discipline, up to and including termination, to the extent such conduct and behaviour has a nexus to the workplace.
The purpose of this Policy is to establish clear expectations and standards governing how employees should behave when they’re off-duty and outline the procedures ABC Company will follow to enforce those standards, including via the imposition of discipline for off-duty violations that have a nexus to the workplace.
CODE OF OFF-DUTY CONDUCT
While they’re off-duty, ABC Company employees may not:
- Commit any acts which constitute sexual assault, indecent exposure or other violations of the Criminal Code of Canada or provincial or local penal codes;
- Commit any acts that constitute domestic violence, stalking or court orders restraining employees from contact with any person or being at or near another person’s home, workplace or other location;
- Use the internet or other social or communication media to engage in sexual conduct, lewd, discriminatory, harassing, stalking, defamatory or other objectionable behaviour; or
- Engage in other forms of sexually immoral or objectionable conduct…