Drinking While on Lunch Break

Having a drink during the workday — even during a lunch break — is a serious risk to your employment.

Most workplaces either strictly limit or outright prohibit alcohol consumption during working hours, including unpaid breaks. Even where no written rule exists, drinking during work hours can create serious risks. It can make you unsafe, impair your ability to do your job, breach company policies, or harm your employer’s reputation. Any of these consequences can justify disciplinary action or dismissal under Australian workplace law.

It doesn’t matter whether you are on-site or off-site during your break — if your conduct reflects poorly on your employer, you can still face consequences. Being seen drinking in a workplace uniform can make the situation even worse, as it creates a direct link between your behaviour and your employer’s public image.

The Fair Work Commission has consistently found that employees who drink alcohol during work hours, including breaks, may be validly dismissed if their conduct has a negative impact on the workplace — especially where clear policies are in place.

Two important cases show exactly how the Commission approaches these issues.

Case Study 1: Selak v Woolworths — Breaching a No-Alcohol Policy

In Selak v Woolworths, a store manager was dismissed after consuming two beers during his lunch break. Woolworths had a clear and strictly enforced policy that prohibited alcohol consumption during working hours, including breaks.

The Fair Work Commission found that Mr. Selak’s actions breached the policy, and that this breach was a valid reason for dismissal. It was irrelevant that the drinking occurred off-site and during a scheduled break.

Key takeaway:

• If a workplace policy bans alcohol during work hours, breaching it — even once — can justify dismissal.

• Employees are expected to be aware of, and comply with, clearly communicated policies.

Case Study 2: Agnew v Nationwide News — When Dismissal Was Harsh

In Agnew v Nationwide News, employees were terminated after being caught drinking alcohol during their lunch break in breach of a workplace policy.

The Fair Work Commission agreed there was a valid reason for dismissal based on the policy breach. However, the dismissals were ultimately found to be harsh because:

• The no-alcohol policy had only recently been introduced

• There was inconsistent enforcement of the policy by management

• The employees had long and otherwise unblemished service records

As a result, although the employer had grounds to act, dismissal was considered disproportionate in the circumstances.

Key takeaway:

• Breaching a clear policy may be a valid reason to dismiss, but the disciplinary response must still be fair and proportionate.

Quick Guide: Can I Be Fired for Drinking at Work?

Here’s what every employee needs to know:

1. Check Your Employer’s Policy

• Many workplaces strictly prohibit alcohol consumption during work hours, including lunch breaks.

• If a policy exists, breaching it can justify immediate disciplinary action.

2. Impact Matters

• Even if no strict policy is in place, drinking can still cause trouble if it:

  • Makes you unsafe

  • Damages the employer’s reputation

  • Leaves you unfit to properly perform your role

3. Context Counts

• Dismissal must still be fair.

• The Commission will assess whether policies were clear, enforced consistently, and whether the punishment matches the seriousness of the conduct.

4. You Have Rights

• If dismissed:

  • Request a copy of the policy and any evidence relied upon

  • Demand written reasons for the dismissal

  • Seek legal advice quickly — strict time limits apply for unfair dismissal claims

5. Don’t Assume the Worst

• A breach of policy doesn’t always justify dismissal. If the decision was rushed, harsh, or inconsistently applied, you may have a valid unfair dismissal claim.