Handling the spirits of Christmas

How do you deliver Christmas cheer and uphold your workplace policies? Employment lawyer Julia Shallcrass explains all.

‘Tis the season to be jolly - but not too jolly. Just jolly enough to celebrate your Christmas work do without spreading soot all over your company's name.

Many cases have been decided at the Employment Relations Authority following the aftermath of Christmas parties involving excessive alcohol and drug use. Staff and managers have staggered over the line of frivolity and into verbal altercations, physical fights, rash resignations, sexual harassment, unlawful use of drugs, drink spikings and ‘drunken dunkings'.

Drunken dunking

In the New Zealand case of Townsend v Prospace Designz Limited, Mr David Townsend was responsible for one such ‘drunken dunking'. When splashed with water and ice during some skylarking, Mr Townsend retaliated. He attempted to dunk his co-worker in the drinks bucket - leaving his workmate both shaken and stirred.

Mr Townsend's employer considered that Mr Townsend's actions were inappropriate and aggressive, and that he had injured his workmate. His employer closed the Christmas function.

Mr Townsend was already on a final warning for performance and attitude issues. His employer had recently learned that Mr Townsend was in a personal relationship with the administration clerk, and discovered Mr Townsend's ‘closing for Christmas' sign that he had posted, which stated: "due to excessive drinking may not respond (burp)".

This all proved too much for Mr Townsend's employer, who had run out of Christmas cheer. Mr Townsend was summarily dismissed in a meeting, without any prior information or proper consultation.

In this cocktail for a personal grievance, the Employment Relations Authority found that Mr Townsend had been unjustifiably dismissed without proper investigation and without fair and reasonable procedure. Given his contributory actions towards his workmate's injuries, Mr Townsend was awarded reduced compensation of $3000 plus around $2165 in lost wages. You can see the full case here

Health and safety

As an employer, you must ensure that your staff members are not injured at workplace parties. You must take all "practicable steps" to ensure the safety of your employees at work in accordance with the Health and Safety in Employment Act 1992. Even if your work-related function is off-site, you should take responsibility for ensuring your employees' safety.

Before holding the Christmas party, identify and assess any possible risks or hazards, and take steps to eliminate them. To protect your staff, you need to avoid any potential harassment, bullying and other types of discrimination. So tie down any cables and Christmas trees, and think twice before pouring copious amounts of cognac for your Christmas elves.

Prior to the Christmas Party

There are ways to keep your Christmas parties under control, while enjoying the benefits of team bonding, and rewarding staff for their hard work.

Practical Tips

• Before the silly season smiles upon you, consider some practical tips:
• Check your venue to ensure it is safe;
• Limit the supply of free alcohol, or limit the number of alcoholic beverages available to each employee;
• Do not supply alcohol to staff under the age of 18;
• Provide non-alcoholic drinks, particularly earlier in the evening when staff are likely to be thirsty;
• Provide substantial food that is readily available;
• Arrange alternative means of transport, such as taxi chits or transport to ensure only sober driving;
• Specify a start and finish time prior to the event;
• Designate some managers to stay sober;
• If your workplace party is off-site, ensure your employees know who to contact if issues arise;
• Keep any sign of mistletoe out of sight.

Communicate with staff

Before holding the Christmas party, communicate your expectations to staff. Clarify that they represent your organisation at work functions. Without seeking to spoil the cheer, send a friendly reminder that they are bound by their employment agreements, workplace policies and procedures and need to take responsibility for their conduct at your Christmas party.

Workplace policies

You should implement and follow company disciplinary procedures and workplace policies relating to bullying and harassment, alcohol and drugs and social networking. No one wants to believe you were kissing Santa Claus last night - so don't let remnants of the Christmas party hang over you on Facebook. Tell your employees if they are not allowed to post photos or comments of the Christmas party on social networking sites.

If you haven't already done so, implement a policy about "acceptable standards at work-related social events". Your policy should provide examples of unacceptable behaviour and misconduct at work functions, such as excessive alcohol consumption, use of illegal drugs and inappropriate language. Set out your expectations regarding attendance the day after the Christmas party, and let staff know the consequences if they breach the policies.

At the party

At the venue, rather than role play examples of unacceptable behaviour, you should monitor behaviour and alcohol consumption to ensure workplace policies are followed. Consider hiring bouncers or security personnel to assist. Ensure that no further alcohol is served to visibly intoxicated employees.

While I don't want to sound like a Scrooge at Christmas, I'd advise that you don't let your newfound generosity get the better of you at the party. Beware making any promises about pay rises or promotions that you can't deliver and save yourself from saying "Bah! Humbug!" later.

The hangover

Unless you have a history of festive tolerance, make sure your staff members know that they are required at work following the Christmas shindig. Ensure your staff members are well aware that you can take disciplinary action if they fail to turn up for work - and that you don't consider over-indulging a ‘sickness' unless they truly have eaten undercooked turkey.

Disciplinary concerns

If you have any concerns about your staff members' embarrassing, inappropriate or dangerous behaviour, you can conduct a full and fair enquiry and invoke the usual disciplinary process. Tread with care where there may be harassment or bullying.

Say cheers to Christmas cheer, but no to too many beers.

Julia Shallcrass
Senior Solicitor
Janet Copeland Law

Holidays Act Webinar

Find out more in our upcoming webinar "Know Your Holidays & Other Leave Obligations". This webinar is on 11 am - 12 pm on Wednesday 7 December, and can be viewed later on demand.

For all enquiries and a registration form, contact Julia Shallcrass
Julia.Shallcrass@jclaw.co.nz phone 03 4501817.