Off-Duty Conduct in Ontario: Can I Be Dismissed for It?
Short answer: sometimes. In Ontario, off-duty behaviour can justify discipline or even dismissal only if there’s a real connection to the workplace (often called a “nexus”) and, viewed in context, the response is proportionate. Decision-makers look at things like reputational harm, impact on coworkers and clients, whether you can still do the job, and any illegality or policy breaches.
How tribunals and courts analyze off-duty conduct
A well-known framework asks whether the conduct:
harms the employer’s reputation or product;
makes the employee unable to perform their duties satisfactorily;
causes coworkers to refuse/reluctant to work with the employee;
involves a serious Criminal Code breach that injures the employer’s/general reputation; or
makes it difficult for the employer to manage the business.
Proving even one of these may justify discipline; the more that apply, the stronger the case.
Dismissal requires a “contextual approach”
Even if there’s a nexus, dismissal isn’t automatic. Courts apply a contextual approach: role/seniority, prior record, whether progressive discipline could work, and whether the conduct actually destroyed the employment relationship. In other words, it’s about proportionality.
ESA minimums vs. “just cause” (they’re not the same)
Ontario’s Employment Standards Act (ESA) sets minimum entitlements. An employer can establish just cause at common law yet still owe ESA termination (and sometimes severance) unless it proves the employee engaged in wilful misconduct—intentional wrongdoing, not mere carelessness or a one-off lapse.
Typical off-duty scenarios that cause trouble
Public, hateful, or harassing behaviour—especially if colleagues or clients see it—can create a poisoned work environment and trigger an employer’s duty to act.
Criminal charges with a job connection (e.g., a driver charged with impaired driving) may justify a temporary paid administrative suspension while facts are assessed; unpaid suspensions are legally risky without clear contractual authority.
Practical steps
Employers: Investigate fairly, document the nexus (who saw what, business fallout), and choose proportionate discipline. Separate the ESA analysis from the just-cause analysis.
Employees: If your off-duty conduct is under scrutiny, get advice fast—your ESA rights may still apply even if the employer alleges “cause.”
Takeaway: Off-duty conduct isn’t an automatic firing offence. The key questions are workplace connection and proportionality.
General information only, not legal advice. For guidance, contact Vanguard Law.