Employee harassing co-worker or customer outside of workHow much jurisdiction or liability does an employer have over an employee harassing another employee outside work?By Tim Mitchell03/19/2014|Canadian Employment Law Today|Last Updated: 03/19/2014 QUESTION: How much jurisdiction or liability does an employer have over an employee harassing another employee outside of the workplace? What about an employee who harasses a customer outside of the workplace?ANSWER: It is often suggested that an employer has no jurisdiction over the off-duty conduct of its employees. However, this is far from accurate. There are many examples of discipline being imposed and upheld for off-duty conduct. In the arbitral context, it has been said that, if off-duty misconduct has a “real and material connection to the workplace,” it falls within an employer’s disciplinary reach: Ottawa-Carleton District School Board v. O.S.S.T.F., District 25. An early decision — Millhaven Fibres Ltd. — established that such a connection likely exists where the conduct: harms the company’s reputation or product; renders the employee unable to perform her duties satisfactorily; leads to refusal, reluctance or inability of the other employees to work with him; constitutes a serious breach of the Criminal Code and is injurious to the general reputation of the company and its employees; or makes it difficult for the employer to properly manage its operations and direct its workforce. To Read the Full Story, Subscribe or Sign In Remember Me Forgot Password If you are a current Subscriber, please click here to set-up or update your login information.