No drinking during lunch at work? A labour expert explains why

You may think it's just a harmless drink, but consuming alcohol during your break can have severe consequences for employees. 

This was highlighted in the recent case of  two employees who had a drink during their lunch break at KFC.

Despite the company undertaking a breathalyzer test which showed up as negative, the employers were suspended after CCTV footage showed they had an alcoholic beverage while at KFC.

While this was not on company time, one legal expert argues that it may still flout company policy. 

"According to the BCA, you're entitled to a lunch hour and you can do what you want. But there are limits. Ultimately, the law accepts that if you do something during your off-duty hours and it affects the employer negatively, they can still take action against you."
-Justin Hattingh, Senior Legal Advisor at Strata-G Labour Solutions

What form of disciplinary action taken depends on the policies of the company.

Many companies have a zero tolerance approach to alcohol, but this ultimately depends on the nature of the business. 

"If you're going to charge someone with intoxication, you're going to have to prove that. If you're charging them with reporting with traces of alcohol in their system, they can be charged based on a positive test. It really comes down to the nature of the charge. If they're found guilty, then given the seriousness of it, dismall will follow in the normal course." 
-Justin Hattingh, Senior Legal Advisor at Strata-G Labour Solutions

Scroll up for the full conversation.