ARTICLE · 04 FEBRUARY 2013

An employer's duty to maintain a safe workplace includes conduct at work Christmas functions

Clayton Utz

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Employers who fail to promptly deal with unsafe employee behaviour at work Christmas functions may face consequences.

AustraliaEmployment and HR

Jessica Keogh

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Key Points:

The employer's failure to immediately address the incident and its management meant it couldn't terminate the employee's employment when it had a valid reason to do so.

Employers who fail to promptly deal with unsafe behaviour by employees during work Christmas functions may find that there are consequences.

Fair Work Australia has recently ordered compensation to be awarded to an employee who was dismissed after accusations that the employee had engaged in serious misconduct by bullying a colleague and head-butting another colleague during a work Christmas party in 2010.

In Mr Zeb Dewson v Boom Logistics Ltd [2012] FWA 9027 Fair Work Australia found that the employer unfairly dismissed Mr Dewson through its "inept" handling of serious misconduct allegations and management's failure to allow natural justice in the disciplinary process.

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