Grounds for dismissal; out of hours

For the misconduct of an employee to justify dismissal, in a context unconnected with the employment, for example out of hours or at home, the conduct must have some real relevance to the employee’s work
For example in Public Employment Office Department of Attorney General and Justice v Silling [2012] NSWIRComm 118, the Commission determined that a dismissal of a prisons’ officer was harsh, unreasonable and unjust (the relevant unfair dismiss grounds in New South Wales) based upon the officer having been convicted of having assaulted his wife and daughter for the third time. Somewhat astonishingly, the Commission concluded that the officer’s out of hours misconduct did not affect his performance of his duties or the reputation of the public service, his employer.