An employee becomes inebriated at an after-work function
attended by clients.
Will this type of misconduct be enough to warrant a termination
of employment?
In general terms, what sort of matters should an employer
consider in terms of process and their ultimate decision?
These issues were considered recently by the Fair Work
Commission in the matter of Puszka.
The Facts
The worker was employed as a Project Administrator by a
contractor at the Sydney Opera House (SOH).
Evidence was given that the worker had a commendable work
history and that there were no performance or conduct issues prior
to the events which occurred on the evening of Friday, 20 July
2018.
On that evening the worker had attended farewell drinks for a
colleague, which occurred after work hours and at which attendees
purchased their own drinks. The function occurred at public bars on
the SOH site.
