A recent unfair dismissal decision makes it clear that if you want to enforce a policy that restricts employees’ activities outside working hours, you will need to show that the policy has a necessary connection to your workplace (Kolodjashnij v Lion Nathan T/A J Boag and Son Brewing Pty Ltd. AIRC893. 16/10/09).
The decision ruled that it was fair for a brewery to dismiss a worker who had committed a drink-driving offence after hours.
Why? Because the brewery company maintained a responsible drinking policy, which prohibited the use of alcohol use outside of work hours as it would harm the company’s corporate reputation. The worker was sacked because the court case over the drink driving offence was likely to be reported in the media.
The worker admitted he was aware of the policy, so the Industrial Relations Commission ruled that despite the employee’s 8 years’ good service, the dismissal was fair.
Even though the company’s policy won out in this instance, it’s important to remember that any “outside working hours” policy that you wish to enforce must have a necessary connection to your workplace.
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Regards,
Charles Power
Editor-in-Chief
Employment Law Practical Handbook
Tags: drink-driving offence, fair work act, Industrial Relations Commission, outside working hours, responsible drinking policy, Unfair Dismissal
