Social occasions for work colleagues are supposed to be relaxed
and build morale. Even though attendance at functions may be
voluntary, held outside of the workplace and after usual working
hours the party itself is still clearly a 'work related'
occasion and so obligations for both employees and employers to
take care and behave appropriately certainly exist.
So what should employers do if an employee overindulges and lets
fly with very inappropriate behaviour?
A recent decision of the Fair Work Commission
("FWC") found the dismissal of an
employee who by any account had behaved outrageously at a Christmas
function to be harsh and unjust.
Background
In Keenan v Leighton Boral Amey NSW Pty Ltd [2015] FWC
3156, the employee (Mr Keenan) attended the official Christmas
function of his employer, Leighton Boral Amey Joint Venture
("LBAJV").
