The Fair Work Commission decision in Keenan v Leighton Boral
Amey Joint Venture [2015] FWC 3156 highlights a number of
issues for employers to consider as we head into the festive
season.
The Facts
The case concerned the conduct of an employee, Mr Keenan, during
and immediately after a Christmas function organised by his
employer (the Company). The function was held at a hotel between
the hours of 6 pm to 10 pm. During these hours, drinks were served
to guests without charge. Mr Keenan had approximately 10 drinks,
and was at no point refused service of alcohol. After a certain
point in the night, he and other employees were even able to help
themselves to beverages.
During the function, Mr Keenan verbally abused several other
employees, including a senior manager. After the function ended, he
and some other employees went to the hotel bar upstairs from where
the function was held. It was there that Mr Keenan kissed a female
colleague unexpectedly on the lips.
