Inappropriate behavior during work-related travel: is this considered ‘personal time’?

The employee argued that the lounge incident occurred during personal time. Her representative said: “(The worker) was indistinguishable from the general public in the Lounge.” She also claimed that sleeping during the flight meant she had been unable to make conscious decisions about her behavior.

The employer disagreed with the personal time argument, saying: “(The employee) was only present in the Lounge because of his employment… waiting to board a flight to their workplace to begin their schedule rotation and who was booked by (the employer).”

Regarding the flight incident, the Commission noted: “This was not a case of strangers communicating on public transport. These were two colleagues on work-related journeys. (The colleague) was not merely inconvenienced.”

After the incidents, the employee took five weeks of leave and sought medical attention. She had been sober since July 19, 2023. When she returned to work, she reported feeling left out due to workplace gossip about the incidents.

Violation of employer policy?

The Commission investigated whether drunkenness could excuse the behavior. It concluded: “(the employee’s level of intoxication) may well have impaired her ability to assess the impact her behavior had on (the colleague) but this does not and cannot excuse it.”