Workplace conduct is not confined to the Company’s location or hours of operation.
With the rise of digital communication tools, many workplace interactions now take place through messaging platforms, email, and social media. As a result, employers are increasingly being asked to address conduct that occurs outside of the physical workplace, and sometimes outside traditional working hours.
This includes:
- Inappropriate comments in internal (or external) group chats;
- Conflicts or harassment occurring over messaging apps; or
- Social media activity that impacts colleagues or workplace relationships.
Courts and tribunals are increasingly willing to treat virtual or off-duty conduct as workplace-related where there is a sufficient connection to the workplace or its participants.
For employers, this creates two key challenges.
First, policies need to keep up. Harassment, workplace conduct, and code of conduct policies should clearly extend to virtual environments and off-duty behaviour where it affects the workplace.
Second, enforcement needs to evolve. Investigating digital conduct may involve reviewing screenshots, message threads, or online posts, which often requires a good handle on IT and a nuanced, fact-specific approach.
The takeaway is that “the workplace” is now broader than ever. Employers who update their policies and practices to reflect that reality are better positioned to respond when issues arise. Contact us to keep your policies up-to-date!
