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ARTICLE · 18 JANUARY 2023

FWC says alcohol and work functions don't mix

A manager was found to have been fairly dismissed after he allowed his team to drink alcohol at an off-site work function.

AustraliaEmployment and HR

Many employers will have had festive celebrations throughout December and navigated responsible alcohol consumption at these events. Such festive celebrations are not limited to December and many opportunities arise throughout the year for workplace celebrations. While everyone looks forward to such events, they can quickly turn into a HR nightmare for employers, as workers are presented with an opportunity to "let their hair down".

In a recent unfair dismissal case before the Fair Work Commission (the "FWC"), a manager was found to have been fairly dismissed after he allowed his team to drink alcohol at an off-site work function (read the case here).

Facts

In this case, a manager (the "Employee") explicitly agreed to a chief executive's request that no alcohol was to be consumed at a team lunch, as the workers were required to drive company cars back to the factory after the lunch. In addition, the company had a zero-tolerance drug and alcohol policy which

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