By
Mike Toten
Mike Toten is a freelance writer, editor and media commentator.
After a teacher was docked one year’s pay and reprimanded for drinking wine from a cask and smoking while at home during an online work meeting, he tried to argue that his home in those circumstances was not a “workplace”. However, the Fair Work Commission ruled otherwise and upheld the employer’s disciplinary action.
Facts of case
The meeting with the employee’s supervisor occurred during a COVID-19 lockdown period. It was held to discuss remote learning plans to operate during the lockdown.
The teacher lifted a wine cask above his head and drank from it during the meeting, and also smoked. He was not running classes that day. The employer’s code of conduct prohibited consumption of alcohol “whilst at work”, and the employer claimed that he had breached the policy, amounting to misconduct. It did not claim he was intoxicated, nor did it comment on the smoking, but reduced his pay for 12 months and issued a written reprimand.
The teacher claimed before an appeal panel that his home was not a “workplace” in the above circumstances. He added that he was not intoxicated, the drinking and smoking did not affect anyone else, the conversation was “private”, and he did it after he thought the meeting had finished. However, the appeal panel disagreed that he was not “in a workplace”, and added that otherwise he would be able to smoke and drink while running an online classroom from home. The teacher then referred the matter to the FWC.
Decision
The FWC rejected his appeal, finding the school’s actions to be reasonable in the circumstances. It found that he drank and smoked while at work and during his normal hours of work. In those circumstances, it did not matter whether or not his home was a “workplace”, he was “at work” at the time – not on holiday or stand-down. He was subject to a “work from home” directive from the employer at the time, and a meeting to plan future arrangements was still “work” in the same way as teaching students would be.
What this means for employers
Employees required to attend an online work-related meeting (eg by videoconference) while working remotely (eg from home) are still “at work”. Therefore, they are still subject to the workplace rules and policies that would apply if they were at the office/central workplace.
It is recommended that employers make it clear to employees that this is the case and communicate any “rules” that apply to online meetings, for example, any dress requirements, whether eating/drinking is allowed, etc.
Read the judgment
