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Australian man fired for drunken abuse at Christmas party was 'unfairly dismissed' because of unlimited quantities of alcohol on offer | Australian man fired for drunken abuse at Christmas party was 'unfairly dismissed' because of unlimited quantities of alcohol on offer |
(about 1 hour later) | |
It is seemingly a licence to behave badly at office parties – and keep your job. The bad news for Australians is that such parties are likely to become sober affairs. | It is seemingly a licence to behave badly at office parties – and keep your job. The bad news for Australians is that such parties are likely to become sober affairs. |
An employment tribunal has ruled that a man who sexually harassed female colleagues and told his bosses to “f*** off” at a Christmas function was unfairly dismissed, in part because unlimited quantities of alcohol were served. | An employment tribunal has ruled that a man who sexually harassed female colleagues and told his bosses to “f*** off” at a Christmas function was unfairly dismissed, in part because unlimited quantities of alcohol were served. |
The employee has not been named, but he was a team leader with a road-building company. He had two “stubbies” (short bottles of beer) before the party, then “about” eight more beers and a vodka and coke. | The employee has not been named, but he was a team leader with a road-building company. He had two “stubbies” (short bottles of beer) before the party, then “about” eight more beers and a vodka and coke. |
According to Fairfax Media, he told a company director and a senior project manager to “f*** off”. He also asked a colleague: “Who the f*** are you? What do you even do here?” | According to Fairfax Media, he told a company director and a senior project manager to “f*** off”. He also asked a colleague: “Who the f*** are you? What do you even do here?” |
After the party, he and some of his colleagues proceeded to a bar, where he kissed one woman on the mouth, later telling her: “I’m going to go home and dream about you tonight”. | After the party, he and some of his colleagues proceeded to a bar, where he kissed one woman on the mouth, later telling her: “I’m going to go home and dream about you tonight”. |
While waiting for a taxi home, the man told another female colleague: “My mission tonight is to find out what colour knickers you have on.” | While waiting for a taxi home, the man told another female colleague: “My mission tonight is to find out what colour knickers you have on.” |
She replied: “They are white. Touch my skirt and I’ll kill you.” He was sacked when he returned to work in January. | She replied: “They are white. Touch my skirt and I’ll kill you.” He was sacked when he returned to work in January. |
The Fair Work Commission ruled, however, that employers cannot insist on standards of conduct being maintained at parties if the alcohol flows freely. | The Fair Work Commission ruled, however, that employers cannot insist on standards of conduct being maintained at parties if the alcohol flows freely. |
The Commission’s vice-president, Adam Hatcher, said there was no evidence that the employee had engaged in bad behaviour in the workplace. He called his conduct at the party “isolated and aberrant in nature”. | The Commission’s vice-president, Adam Hatcher, said there was no evidence that the employee had engaged in bad behaviour in the workplace. He called his conduct at the party “isolated and aberrant in nature”. |
He also described the man’s intoxication as a “mitigating factor”, saying it was “contradictory and self-defeating for an employer to... allow the unlimited service of free alcohol” while expecting staff to comply with usual standards of behaviour. | He also described the man’s intoxication as a “mitigating factor”, saying it was “contradictory and self-defeating for an employer to... allow the unlimited service of free alcohol” while expecting staff to comply with usual standards of behaviour. |
Mr Hatcher concluded: “If alcohol is supplied in such a manner, it becomes entirely predictable that some individuals will consume an excessive amount and behave inappropriately.” | Mr Hatcher concluded: “If alcohol is supplied in such a manner, it becomes entirely predictable that some individuals will consume an excessive amount and behave inappropriately.” |