Navigating the Employee Experience in 2025: Performance Management, Remote Work Policy, Social Media Conduct

The line between personal and professional life continues to blur—particularly online. An employee’s off-duty conduct, especially on social media, can have real consequences for municipal employers, where public trust and integrity are paramount.

The shift to remote work, evolving legal standards, and the always-on nature of digital communication requires a more integrated approach to performance management, policy enforcement, and professional conduct.

How do municipalities create a strong, supportive employee experience while maintaining legal compliance and accountability?

Let’s examine three key areas shaping the modern employee experience—performance management, remote work policy, and social media conduct—and what HR leaders need to know to navigate them effectively in 2025.

Rethinking Performance Management: From Once-a-Year to Always-On

Traditional annual reviews are giving way to more agile and continuous feedback models. Employees, especially those in hybrid or remote roles, crave regular communication, constructive feedback, and clarity on expectations. This is particularly critical in municipal workplaces, where diverse teams serve diverse communities and accountability is key.

A strong performance management strategy does more than assess—it supports development. When structured properly, it can enhance engagement, reduce turnover, and build trust. However, vague standards or inconsistent documentation can lead to legal and reputational risks, particularly when disciplinary action is being considered.

Best practices in 2025 include:

• Clear performance benchmarks that align with job descriptions and core competencies.

• Documented conversations that track growth, coaching, and concerns—not just annual summaries.

• A focus on measurable outcomes and soft skills such as collaboration and communication, which are increasingly important in hybrid environments.

Whether addressing underperformance or recognizing excellence, performance conversations should be timely, fair, and aligned with the organization’s broader values and policies.

The Remote Reality: Virtual Workplaces and Policy Compliance

As remote and hybrid work models mature, so too must our understanding of workplace responsibilities. Recent legislative changes in Ontario reflect this shift. Under the Occupational Health and Safety Act (OHSA), the definition of a “workplace” has been expanded to include “virtual workplaces”.

This means that employers must now ensure that:

• Remote employees are aware of and comply with the same policies that apply on-site.

• Health and safety obligations, including mental health support and ergonomic considerations, must be addressed in remote environments.

• Investigations into incidents (such as harassment or misconduct) must extend to virtual workspaces where work-related interactions take place.

Remote and hybrid teams should not fall into a compliance grey zone. Workplace policies must be updated to reflect virtual contexts, and employers should be proactive in offering training that helps remote staff navigate expectations—especially when it comes to performance, safety, and communication norms.

Social Media and Off-Duty Conduct: A New Frontier in Risk and Reputation

The line between personal and professional life continues to blur—particularly online. An employee’s off-duty conduct, especially on social media, can have real consequences for municipal employers, where public trust and integrity are paramount.

But regulating off-duty conduct is a nuanced challenge. While the law generally protects employees’ right to personal expression, that right is not absolute—especially when online actions:

• Bring the employer into disrepute.

• Undermine the employee’s ability to perform their duties.

• Create a toxic or unsafe environment for other employees.

Cases involving discriminatory posts, political commentary, or inappropriate videos have forced employers to act quickly—but also cautiously. Municipal HR professionals must walk a fine line between respecting privacy and protecting organizational integrity.

To mitigate risks:

• Develop or revise social media policies that clearly define expectations for respectful conduct, confidentiality, and the limits of off-duty behaviour.

• Train employees, including upper management, on the impact of online actions and their connection to public roles.

• Document incidents and apply discipline consistently and proportionately, always aligning with the organization’s policies and progressive discipline models, while complying with The Canadian Charter of Rights and Freedoms.

Building a Future-Ready Employee Experience

The employee experience in 2025 is defined not only by what employees do but how and where they do it. For HR leaders, this means developing strategies that are flexible yet firm, supportive yet accountable. The organizations that succeed will be those that prioritize clear communication, legal awareness, and a consistent commitment to fairness—whether on-site or online.

Written by: Ronald S. Minken, LL.B. and Tanya Sambi, JD – Minken Employment Lawyers (Est. 1990)