I think the problem here is the ever over-broadening of what the employer “has a right to expect”, including for example the denial of little things like freedom of speech and freedom of association outside working hours.
Another problem is, one private individual gets to make the state punish another private individual for unwelcome speech by merely asserting that it was “misconduct”. What checks and balances apply here? I’m pretty sure the presumption will always be in favour of the employer (who stands to lose NOTHING by this), and the ex-employee will have to lose weeks of benefit even if there is any way to appeal it.
