Controlling an Employee's Private Time: Kolodjashnij v J Boag etc

While most of us enjoy the separation of work/home life, courts and tribunals are increasingly allowing employees to be punished for conduct during their private time. Conduct could be scrutinised if an employer's product or business came into harm, or just simply, disrepute.

The recent decision of Nick Kolodjashnij v J Boag and Son Brewing Pty Ltd [2010] FWAFB 3258, showed that Kolodjashnij's drink driving charge disreputed J Boag's alcohol product, and his employment was terminated. Kolodjashnij's exemplary work record was not enough to rectify the damage done.

A recent article by Clayton UTZ published on Mondaq makes it clear that 'Employers should review the interests of their business and implement policies that protect these interests even if it imposes obligations on employees in their private lives.'

How much control do you think an Employer should have on Employee's spare time? Please share your opinions.

Nick Kolodjashnij v J Boag and Son Brewing Pty Ltd  will be published in our comprehensive Commonwealth Case Law service and can accessed by subscribers. Contact us for full pricing information or to trial the service free for a limited time.