After a demanding and eventful year, the holiday season is almost upon us. There will be celebratory events, functions and parties for Christmas, New Year, and to thank teams for their hard work and commitment.
These events give employees a well-deserved pass to relax, unwind, and have fun. Why do things so commonly go awry?
Below we talk about some case examples of issues that have resulted in legal action at the Fair Work Commission and we put forward some key points to keep in mind when you plan and execute your work parties / functions.
The first example from the naughty list involved ALDI and one of its Warehouse Operators. The employee was drinking heavily at their Christmas party and was involved in a verbal back and forth with bar staff at the event. The night reached a head when the employee threw a glass of beer at a nearby wall, where it hit a lamp, and spilled alcohol all over his colleagues on a nearby couch. The worker was sacked. ALDI was able to defend its outcome and process.
The second more salacious example involved an employee of Aristocrat Technologies who got drunk at their staff Christmas party and continued drinking at the venue after the party had ended. He then proceeded to urinate over a balcony onto patrons dining below. Again, this worker appealed their dismissal, but the Commission did not accept that the dismissal outcome was unfair.
The recent instances of football clubs and Mad Monday are other examples of where there is insufficient adherence to work policies.
We deal with examples of misconduct at work functions routinely. The issues are anywhere on the spectrum from teasing, exclusion and bullying to physical assault, including sexual assault. It is crucial that your events go smoothly and that everyone ensures that their conduct does not prevent someone else’s enjoyment.
How can you ensure that your party remains off the naughty list?
- Your Code of Conduct and other policies apply to workers when they are at work-sanctioned events – they must be reminded of this.
Prior to any staff function, re-circulate your Code of Conduct or other policies (such as drugs and alcohol, and sexual harassment) to your workforce and remind everyone that they must comply with them during work parties.
If you do not have such policies, or you do not think they are fit for purpose, now is the time to review your policy framework.
It is vital when managing work functions that staff are well aware of the behavioural standards they are expected to adhere to.
The policies can be re-circulated at team meetings, in an email to all staff, through your Intranet, and/or by printing physical copies of the reminder and displaying them in common work areas. It may also be prudent to conduct further training on the policies and their application to work functions.
In the Aristocrat example above, the employer held meetings with union delegates and employees to reinforce appropriate standards of behaviour. Posters about expected behaviour at the Christmas party were also displayed throughout the workplace. SIAG encourages such reminders as best practice.
Your policies should contain a clear process on what to do if you need to complain. This needs to be emphasised as well to ensure a safe system of work at your workplace.
- When does the party end?
You need to draw a line between when the party starts and stops.
When the party ends, you need to ensure that all attendees transit to their next location safely.
Best practice is that your managers leave when the party ends – so that it is clear that any further socialising is not work sanctioned and that the party has ended.
- Responsible service of alcohol
The link between alcohol consumption and risks to health and safety at a work function should require no explanation.
You must ensure alcohol is enjoyed responsibly – no exceptions.
Promote responsible drinking by:
- having a qualified person supervise the responsible serving of alcohol;
- making food available during the service of alcohol;
- making light alcoholic beverages and non-alcoholic beverages available at all times;
- not providing alcohol to anyone under the age of 18 years;
- not providing alcohol to anyone who is drinking excessively or appears intoxicated; and
- ensuring safe means of transport are available for employees, as needed.
- Have designated staff members as safety officers on the night
Instances of employee misconduct may be avoided where you have designated officers who are responsible for identifying unruly behaviour and de-escalating concerning situations. In the above case examples, ALDI had security personnel at the party, and the guard was able to promptly respond to the employee throwing his beer glass.
This person may be required to not consume alcohol. Their identity as a safety contact may be communicated to attendees. These decisions need to make sense for the size of your party and the age demographic, as well as other factors.
Need further assistance?
SIAG can talk with you further about any questions you may have about your function.
SIAG is available to assist in the response to any complaint that may arise after a work function.
SIAG is your specialist employment law and industrial relations service provider, available to you through CCV. You can contact us Monday to Friday during business hours on 1300 7424 47.
