Silly season behaviour

LG Leader December 2019

Preparations are no doubt well underway for office Christmas parties across the State. It’s a time of fun and laughter over a few drinks…or, if you’re an HR Manager, a time of worrying about the aftermath of any drunken shenanigans. Your immediate thoughts in these situations might turn to preserving the council’s reputation through quickly disciplining any employees that get out-of-hand. However, don’t be too quick to jump to immediate termination.

In a recent Fair Work Commission appeal (Ryan Wilks Pty Ltd v Trudi Puszka [2019] FWC 2135), the Tribunal confirmed that an employee who became drunk at a work function, vomited on the bar floor, and was assisted to a taxi had been unfairly dismissed. This was despite the conduct occurring in front of a major client (who later raised their concerns about the employee’s conduct with the employer).

Indeed, a Commissioner stated “if one act of inoffensive drunkenness at an after work function provided valid reason for dismissal, I suspect that the majority of Australian workers may have potentially lost their jobs.”

The result was that the employee was reinstated and the long process of reconciling the tensions in the employment relationship began.

This is not to say that no disciplinary action should have taken place. What should occur is proportional disciplinary management equivalent to the misconduct that occurred. As with all inappropriate behaviour from employees, ensure that any investigations into workplace misconduct are thorough, that there is sufficient evidence about the alleged behaviour, and that any disciplinary outcome is a measured response.

Finally, while you’re keeping an eye on any silly behaviour at the Christmas party, remember to have a good time yourself! For more information please contact Natasha Jones on njones@kelledyjones.com.au or (08) 8113 7102.