Staff Christmas Party - company policies
It’s Christmas!!
Employer obligations and staff parties……..
It’s the end of the year, and we all know staff usually enjoy the opportunity to drop the tools, let their hair down, and head out for a bit of a celebration prior to the holiday season.
But employer obligations don’t stop at the office door or the site threshold. Taking your staff out for a good time should seem like a simple enough task, but a staff party is still “work”, and your obligations don’t magically disappear just because you’re not on an actual work site.
Some years ago, we dealt with a case where a company took their staff away to a swanky hotel and opened a fully paid bar for staff to partake. Unfortunately, several of the staff got a bit enthusiastic with the open bar and became terrifically drunk. Whilst under the influence, actions occurred that amounted to assault, sexual harassment, and destruction of hotel property.
So, who was at fault? Common sense would argue that the staff members involved should be held responsible, but can they be responsible when they are under the influence of alcohol? With so many witnesses and such an open and shut case, the company involved felt it was appropriate to move quickly towards a disciplinary procedure. However, this was challenged by the employees.
What was the policy for staff drinking? There wasn’t one. Who paid the bar tab? The company did. What was the expectation for staff behavior at company events and keeping people safe? – In the absence of a policy, no expectations were expressed.
So, was the company justified in moving straight to a disciplinary? No! Whether you think it is an open and shut case or not, you are still obliged to run a full and fair investigation before you decide on any action relating to employment, because if you are challenged, you must prove there was a valid justification for that action. In this case, the employees did challenge the employer’s decision to terminate their contracts, and they were right.
As an employer, you have an obligation to always keep your employees safe when under the jurisdiction of the employer, and a staff party counts as “work time”. To avoid embarrassing public situations that may impact on your company, or staff, it’s important to set out your expectations in advance.
From a health and safety perspective, think about how much alcohol is reasonable for your staff to consume at a work function, and limit it.
Ensure you have a staff policy about the expected behaviour at work functions, including if they cause damage to a venue.
Establish a process for officially ending a work function, and/or ensuring staff get home safely.
If staff breach these expectations, you still need to investigate, but you’re far less likely to end up in a protracted personal grievance case.
If you have any questions about your HR policies and staff expectations, give the team at EASI NZ a call on 021 665 013, or email easyas@easinz.co.nz.