The holiday season is synonymous with celebration and joy, and businesses often go the extra mile to ensure their end-of-year parties are memorable and enjoyable for all. However, the post-party fallout can sometimes turn festive cheer into a HR nightmare and legal headache.
It is essential for business owners to effectively manage common issues and disputes that may arise during the silly season. Dealing with post-party misbehaviour requires a delicate touch and a strategic approach, and employers need to make considerations for this.
Address incidents promptly
If an incident occurs during end-of-year celebrations or a complaint is received, it is important to take appropriate action swiftly. Putting an investigation off until after the holiday break, or letting issues fester unresolved, is likely to increase the risk of potential legal claims and, importantly, is inconsistent with employers’ obligations to their employees.
From a practical perspective, it may also result in an issue that may have been manageable promptly and informally, developing into a far more complex issue. Promptly acknowledge receipt of any complaint and have an initial conversation with the complainant about the issues raised. If serious allegations are raised, commence a formal investigation as soon as possible. While there may be logistical issues to manage, such as annual leave, these should not preclude an investigation from commencing.
Managing absences, the next day
A common occurrence after end-of-year work parties can be employees calling in sick the following day. While employees are entitled to take personal (sick) leave if they are not fit for work because of a personal illness or injury, over indulging to the point where they are unable to attend for work the next day may be a valid reason for disciplinary action.
Employers should remind employees in the lead up to end-of-year work celebrations that they are required to engage in responsible and respectful conduct and can and should mandate that employees who take sick leave following an event will need to provide a medical certificate. Disciplinary action may be considered where personal leave is attributable to the irresponsible consumption of alcohol at the end-of-year work party.
Showing up hungover
Employers have a duty of care to take reasonable steps to provide and maintain a safe working environment under the Occupational Safety and Health Act. Likewise, employees have a duty to take reasonable care for their own and others’ safety while at work. Attending work intoxicated or hungover can pose a risk to an employee’s own or others’ health and safety, especially in safety critical environments. If there is a concern regarding an employee’s fitness for work, a manager who is familiar with the workplace drug and alcohol / fitness for work policy should assess the situation, speak to the employee concerned, and decide whether the employee should be sent home. Further disciplinary action could then be considered.
Social media shares
When employees share excessive information on their social media platforms, it becomes imperative to address this behaviour proactively. Emphasising the significance of discretion when divulging details about work-related events, personal views, or colleagues, is crucial. Remind employees that maintaining confidentiality is paramount, and oversharing can bear consequences for both individuals and the business.
Following end-of-year events, it is not uncommon for employees to post photos or comments. However, it is essential to monitor these posts to ensure they align with company policies and guidelines. Employers should closely monitor the company’s social media presence, regularly inspecting official pages for any content that may cast a negative light on the business. If an employee’s publicly accessible posts cause concern, prompt intervention is necessary.
Any content that raises apprehensions should initiate a private conversation with the employee. Employers should communicate their observations tactfully without resorting to accusatory language. Encourage employees to contemplate the potential repercussions of their posts on the businesses image and workplace atmosphere. Reference the established policy and take appropriate measures, such as post removal or formal action, if deemed necessary.
By promptly addressing such issues, reinforcing responsible conduct, and prioritising safety, employers can uphold a positive workplace culture, setting the stage for a successful start to the new year. Get in touch with our team if you need further guidance, we can help.
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