As the new year season fast approaches, many businesses are beginning their annual tradition of hosting and attending end of year parties to thank their customers and/or reward staff.
Celebrations mixed with alcohol is so very Australian.
It is a great time to wind down and celebrate, but it is also just as important to be alert to the traps that can carry over to 2020.
Be alert not alarmed. Prevention is better than a cure.
Under workplace laws, employers can potentially be held liable for their employees’ actions in circumstances you may not be aware of. This can put employers in a difficult situation with employees who abuse an open bar. Balance is the key.
Case examples
In the 2015 Fair Work Commission case of Keenan (employee) v Leighton Boral Amey NSW Pty Ltd (employer), the Fair Work Commission deemed that an employee’s dismissal was not fair for various reasons. One of the reasons included blame being placed on the employer for providing unlimited free supply of alcohol and the contradiction between that unsupervised supply and the compliance with the employer’s usual standards of behaviour.
In another case, being the 2018 Fair Work Commission case of Vai (employee) v Aldi Stores [A Limited Partnership] (employer), an employee’s dismissal was held to be fair because of, amongst other reasons, the regulated supply of alcohol to the employees (knowing and upholding limits) and the presence of senior supervision at the event.
The difference? In Keenan alcohol supply was unlimited and unsupervised, whereas in Vai it was regulated and controlled with supervision.
What should employers do?
There is no clear cut answer (don’t you love it when lawyers say that!).
Each situation depends on the particular facts and circumstances and that includes the type of event.
But before the big event implementing these few steps may help minimise the potential for employee misconduct (of course it is not intended to be an exhaustive list since a variety of tips may apply):
A. Make sure your business’ code of conduct and employee expectation guidelines are up-to-date.
B. Reinforce to employees that the party is a work sanctioned event, and that the business’ policies and procedures will apply at the event. All employees should be told to have fun but directed to remain professional, courteous and safe which includes noting their alcohol intake limits.
C. Ensure that the relevant responsible service of alcohol principles apply and are adhered to.
D. Appoint one or more designated person(s) to oversee and monitor at the event, and to help control any unwanted or out of hand behaviour.
Take away
During this time of the year, whilst celebrating and having fun is the goal, ensuring it is done safely and responsibly is important.
Being proactive rather than reactive ensures a safe and enjoyable event without the hangover.
We at Marsdens Law Group hope that you and your staff have a safe and enjoyable festive period.
The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.
