Every year at this time I try to alert employers, employees and trade unions about the risks and problems that arise at the end of the year celebrations. Firstly, everyone should be aware that any corporate event of any nature, no matter where it takes place is still under the jurisdiction (rules and regulations) of the employer.
The codes of good practice, disciplinary codes and other rules of employment apply during these celebrations. Obviously rules such as dress code and inebriation might be lifted temporarily for the occasion.
Just because these rules might be temporarily suspended it does not mean that other rules do not apply. It is incumbent upon every employer and manager who might be in charge of the event to actually warn all the celebrants that when they are attending functions of any corporate nature, they are still subject to the terms and conditions of employment.
People should be specifically warned before each party / celebration that any untoward behaviour could lead to disciplinary action. Every year come the beginning of January, I receive numerous instructions to take disciplinary action against employees who evidenced unsocial behaviour or worse at these gatherings.
Over the past almost 40 years, my practice is incredibly busy during January and February handling complaints ranging from trivial to serious.
Trivial complaints include bad language, inappropriate dress and rudeness. To make matters worse, the more serious complaints have once even resulted in a murder charge, attempted murder and assault with intent to do grievous bodily harm.
Sadly, the majority of the complaints emanate from sexual harassment and drunken behaviour.
On other occasions we have had to bail out staff who were arrested on drunken driving charges and even on one occasion riotous behaviour in a shopping mall. All of these transgressions have resulted in disciplinary enquiries and the majority have led to dismissal. In most circumstances the negative behaviour has been as a result of too much alcohol and on some occasions taking other substances.
Many times this bad behaviour at staff gatherings have brought the employer into disrepute and on some occasions the employer has landed up paying damages for destruction at the premises where the party was held. All of the above could have been avoided if people were fully aware beforehand of the liabilities and if management had remained alert and in charge throughout the celebrations. Management often tend to leave the party early when the formal section of the celebration has been completed or when the meal has been eaten.
It must be understood that more often than not, individuals remain behind to continue drinking and celebrating. It is during this period of absent management that the majority of incidences have taken place. It is no excuse for the company then to state that they were not in charge of the event at that point. Either a manager must remain behind who has the authority to control, or all the individuals are ordered to leave the venue and if they wish to continue celebrating at another venue that is their own decision and their own liability.
Celebrations should be fun, and it should never result in hardship and tears thereafter. Many of these end of the year parties have resulted in loss of jobs, arrests and even divorces. I can relate numerous tales of woe which would not have occurred if there was supervision and less drinking.
* Michael Bagraim is a veteran labour lawyer and Democratic Alliance MP.
** The views expressed here are not necessarily those of Independent Media.
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