It is a fact that alcohol loosens lips and lowers inhibitions. Photo / 123rf
It is a fact that alcohol loosens lips and lowers inhibitions. Photo / 123rf
OPINION
An Australian employer facing a fine of up to $87,000 for a bad taste and illegal Christmas party prank is a salutary reminder that it is time to consider the behaviours that should be expected in the workplace as we roll into the festive season.
With anew Government and the promise of real sunshine that will banish the horror memories from the last summer, there is growing reason to celebrate the year’s end – but we need to exercise caution.
The Australian example alluded to earlier is an extreme case but does illustrate well what can go wrong when you mix enthusiasm, alcohol, immaturity and a lack of social awareness about how human beings are meant to interact in the 2020s.
In that case, an apprentice employee was suspended upside down from a mobile crane during his workplace Christmas party and then hit and slapped by his boss and so-called workmates. Understandably the behaviour was degrading and humiliating to the employee and the employer will justifiably face a significant fine and a potential criminal assault charge.
The company involved was having a Hawaiian-themed Christmas party and one employee set fire to the synthetic grass skirt of another.
At the time the victim was in a toilet cubicle with another employee and, tragically, that prank cost the life of one employee and seriously injured the other employee.
David Grindle is director in charge of the Employment Law team at WRMK Lawyers.
The events resulted in a manslaughter conviction and a sentence of two years imprisonment. Like the Australian example, it is hard to ignore the cocktail of end-of-year enthusiasm, alcohol and an absence of rules or structure.
As employers and managers in a work setting we are always responsible for our staff, and we are legally obliged to ensure that there is a framework that provides a safe workplace for our staff to work and if required, party, within.
For example, if the employer provides alcohol to such an extent that it results in someone not exhibiting proper judgment, then the employer is (together with the offending employee) likely to be liable for the resulting behaviour and any adverse impact it has upon other employees.
Each year we see common themes which highlight the kind of behaviour at Christmas parties that causes problems.
Regardless of whether you are an employee or employer, I suggest you stop history repeating itself by avoiding the situations below and staying out of trouble this Christmas season.
1. Talking smack about your employer, manager or colleagues (or for that matter, your employees)
It is a fact that alcohol loosens lips and lowers inhibitions. Maintain your personal dignity and professional responsibility by not relaxing your guard and talking negatively about the environment in which you work. Christmas parties are a positive occasion and no one enjoys partying with a negative Nelly.
2. Being overly affectionate with a colleague
Overly emotive and affectionate interactions with other colleagues are almost always regretted in the light of day. This kind of behaviour makes the recipient – and the people witnessing it – feel uncomfortable. Even though it’s a party, you are in a work environment and the boundaries around physical contact still apply.
3. Sharing information that wouldn’t otherwise be shared
The relaxed and buoyant mood of a Christmas party often results in people disclosing information that wouldn’t otherwise be shared. In the pursuit of forming closer work relationships it is tempting to create bonds by sharing gossip. With respect, this is a low-rent way of building sustainable relationships as it undermines relationships rather than fosters them.
As an employer, you don’t want to be the Grinch that stole Christmas, but you do need to show leadership. Model fun and appropriate behaviours that allow everyone to return to work on Monday without embarrassment – or even worse, a visit from HR.
David Grindle is the director in charge of the employment law team at WRMK Lawyers. He has practised in this area of the law for 17 years
