By Susan Edmunds of RNZ
As Christmas party season approaches, many staff around the country are receiving reminders from their employers about how they’re expected to behave.
But a search through the Employment Relations Authority’s rulings shows that, over the past decade, Christmas parties have created problems for employees and employers.
Here are some of the issues that have arisen – and what you need to know.
In one case heard by the Employment Relations Authority, a man who was employed by a landscaping and property maintenance business was found to have been unjustifiably dismissed and awarded compensation of $10,000 as well as wage arrears of $2979 after bullying behaviour, which appeared to come to a head at a Christmas party.
The man told the authority his employer would regularly make fun of him and tell him he was a useless worker.
While he found some of the comments offensive, he didn’t complain because his boss claimed he was joking.
But during a Christmas party in 2020, his employer asked the man’s partner whether he was “this useless” at home.
The employee said he was embarrassed and didn’t want to continue to work for him. He resigned in January.
The authority said it was a situation where verbal abuse had escalated into bullying and undermined the mutual obligations of trust and confidence in the employment relationship.
In another case, a party was held up as proof that a business could afford to pay the wage arrears it owed a former employee.
The business had been ordered by the authority to pay but had not.
But the employee went to the authority when evidence of the party was posted on Facebook to argue it proved there was money available.
The business was told to pay within 28 days.
Whether someone was entitled to take sausages home after a party for his own use, or whether he was just looking after them for a future work event, was the subject of another authority hearing.
A man was found to have been unjustifiably dismissed by his employer after the sausage saga.
He said he was told at the end of a barbecue he could take the sausages for his own use – a claim others disagreed with.
He was then asked to bring them back for the Christmas party.
The authority said while it was reasonable that the employer regarded any breach of trust in relation to property seriously, an allegation of serious misconduct, namely theft of a servant, was a serious finding to make against an employee.
An authority member said the conclusion the man had committed an act of theft, despite the person who had authority to dispose of the sausages confirming she had told him he could take them, was not a conclusion that could have been applied by a fair and reasonable employer in the circumstances.
In another case, a man and his employer, who ran a removals company, got into an argument at their Christmas function, which was held on the back of a truck.
“Someone yelled to him to duck and as he turned around he saw [his employer] swinging a metal stepladder towards him. He raised his arms to protect his head and [he] hit him with the stepladder, catching his left ribs and left arm,” the authority noted.
The employee made an ACC claim and was off work for three weeks.
When he returned, he was injured by a piano but was told he had to drive anyway.
He was eventually told by his boss: “F*** you, you’re fired.”
The authority said he was unjustifiably dismissed and given lost wages, $5000 compensation and arrears.
Employment lawyer Alistair Espie said poor behaviour by an employee at a work event was something that an employer could address as a disciplinary matter, and a work Christmas party was no different.
“The line becomes a touch more blurred if, say, staff get together in their own time or following a work event. However, if something were to happen during such an occasion that could have an impact on work relationships or the employer, there may still be a basis for the employer to look into this.”
Employers might take action on misbehaviour that brought an employer into disrepute, or that affected someone’s ability to do a job.
Employers also have obligations and need to ensure staff know what is expected of them, before the party.
That might mean sending emails to staff with reminders about codes of conduct or policies around drugs, alcohol or harassment.
If someone complains about another employee’s behaviour at the party, that needs to be investigated promptly.
They also have health and safety obligations at the party and need to manage any risks, as well as providing food and non-alcoholic drinks.
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Frazzled tenants have contacted Auckland Council, noise control, fire services and police.