Alison Maelzer, a partner at Hesketh Henry, said after that review it was possible a disciplinary process could have been initiated that might have resulted in Nash’s dismissal.

“On the face of it, possible allegations could have included bringing – or having the potential to bring – the employer into disrepute, or potentially breach of a media policy or code of conduct.

“It is very possible that if Robert Walters found he had said things that had the potential to bring the company into disrepute or that he had breached some other obligation, that they may have considered dismissal.

“Obviously, there is a process to be followed, so we will never know whether he would have been dismissed, and if so, whether that would have been justified.”

An employer is able to take action on conduct outside work when it affects someone’s ability to do their job, harms their reputation or that of the employer, undermines the employer’s trust in them or affects other employees.

The employer only needs to prove the potential for damage to the business, not that actual damage has occurred.

Nash spoke at New Zealand First’s annual conference over the weekend and did not rule out campaigning for the party at the next election.

In a statement to RNZ, Robert Walters confirmed Nash was no longer with the company. “We will not be commenting further.”

– RNZ