Off The Clock: When Can After Hours Activities Affect Your Job?

It's a fair question: what you do in your own time is your business… right? Not always. Your personal life can sometimes spill into your professional world with real consequences. So, can conduct after hours lead to disciplinary action or dismissal? Short answer: yes - but only if it affects your job or your employer’s reputation.

The legal standard isn't whether something happened off the clock, but whether it has a relevant connection to your employment. This is where it gets tricky. For disciplinary action or dismissal to be justified, your off duty behaviour must Impact your ability to do your job, damage your employer’s trust in you, and/or harm your employer’s reputation;  and the employer must prove the link and act fairly.

Examples might include:

Social media rants: An employee posting offensive or abusive content, even in a personal capacity, can be dismissed if it reflects poorly on their employer.

Criminal charges: Being charged (not even convicted) with a serious offence like assault or fraud can justify suspension or dismissal if the conduct undermines your role or workplace safety.

Drunken incidents: If a public brawl, drink driving charge, or disorderly conduct becomes public knowledge and your role involves public trust (e.g., teaching, healthcare, government), dismissal might be justified.

Inappropriate relationships: For example, relationships with clients or conflicts of interest, even if started outside of work, can become disciplinary matters if they breach policy.

Your employer can’t police your private life just because they disapprove of your lifestyle, political beliefs, or hobbies.  They must have clear grounds for concern. If they discipline or dismiss you based on off duty conduct, they must:

• investigate properly and allow you to respond,

• consider alternatives (like warnings or training),

• act consistently with past cases, and

• follow company policies.

Anything less can amount to unjustified dismissal or disadvantage giving you the right to raise a personal grievance.

You shouldn’t feel like your boss is watching you 24/7  but you should know that off duty conduct can come back to bite, especially if it makes headlines, breaks trust, or violates your employment agreement.  If your out of hours activities are causing you issues at work, ask for help from an expert.  Mathews.walker.co.nz | 0800 612 355  

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Disclaimer: The information provided in this blog is for general informational purposes only and should not be considered legal advice. While we strive to keep the information accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. For specific legal advice tailored to your situation, please contact a qualified legal professional.