Regulating Employee Behaviour in Their Private Time

The amount of control that an employer can exercise over employees in their private time is back in the spotlight, following the recent decision of the Full Bench of Fair Work Australia in Nick Kolodjashnij v J Boag and Son Brewing Pty Ltd [2010] FWAFB 3258.

While the traditional view is that employees are free to enjoy their private activities without scrutiny from their employer, courts and tribunals are increasingly allowing employers to encroach into the non-work activities of their employees because of the impact the behaviour might have on the employer's business interests.

The employer, the employee, and the Responsible Drinking Policy

Mr Kolodjashnij had been employed by J Boag and Son Brewing Pty Ltd for eight years and had exemplary employee conduct.