Dealing with Absconding Staff over Christmas

Vince Scopelliti - Wednesday, December 12, 2018

The Christmas period tends to bring out the best- and worst - in people. It is a time of year filled with parties, merriment, laughter, great weather and a lot of socialising. 

But Christmas can also be a challenging time in the workplace, as employees may engage in inappropriate conduct at work related social events, may suffer the after-effects of excessive partying or may be generally less productive or effective than usual. 

It can also result in staff not turning up altogether. We take a look at what employers should do if staff abscond from their roles over the end of year period.

Absenteeism, absconding and desertion: what's the difference? 

Many workers may be tempted to add to their public holidays by taking additional days off after Christmas, especially if they feel that they have been unfairly denied leave over the Festive Season. 

Workers 'pulling sickies' without consent is a type of absenteeism. In order to avoid situations where staff are calling in sick for less than legitimate reasons, employers should remind staff that the usual sick leave policies apply over Christmas. 

Employees must obtain doctor's certificates or other acceptable evidence of genuine illness, even though it may be an inconvenient time for them to do so. It should also be reiterated that failing to attend work after key social functions - such as the annual Christmas party - will be frowned upon and could result in disciplinary consequences. 

Unauthorised leave is a serious enough matter, but what happens if the absence drags on? An employee 'absconds' from work in circumstances where they have been absent, without explanation, for sufficiently long that the employer is entitled to infer that they have no intention of returning. This would apply if the employee has failed to attend for a number of days, without making contact with the employer (who has been unable to make contact in return). 

In cases of desertion, an employee implicitly or explicitly demonstrates that they have no intention of returning to work. Advising co-workers that they will not come back from leave, emptying their work station of personal belongings, and failing to respond to attempts to contact them are all signs of desertion.  

what steps should an employer take?

Although it is generally clear by implication that an employee has no intention of returning to work, employers must still follow due dismissal procedures to ensure that the employee is terminated correctly and fairly. 

This requires several documented attempts to contact the employee. Initial contact should be by phone, followed up by written correspondence notifying that the employee's position will be terminated if they do not explain their actions and return to work immediately. Written correspondence should be sent both to a personal email if possible, and the employee's registered postal address.

what the fair work commission says

A Fair Work Commission decision handed down in January 2018 noted that an employee's absence from work, without consent or notification, for three working days or more constituted sufficient evidence of abandonment. 

If an employee has not provided a satisfactory explanation for their absence within 14 days of their last attendance at work, an employee will be deemed to have formally abandoned their employment and their position will be considered to have been duly terminated. 

why do employees abscond?  

Although the reasons for employees absconding are many and varied, some examples are:

  • They have obtained employment elsewhere (and accordingly do not feel that they have any need for positive references);
  • They are dealing with personal issues which exceed their desire or ability to be present at work over the holiday period; 
  • They feel that they have engaged in particularly embarrassing or career limiting behaviours over the festive season. 

In particular, the Christmas period often makes people re-evaluate their life decisions and take stock of what they want (and don't want) in the New Year. Terminating a working situation that doesn't suit them, could potentially be at the top of their list. 

How to keep staff engaged and avoid staff going AWOL

Although most organisations strive to be an employer of choice throughout the year, it is important for staff to be reminded at the end of the year that they are valued, and their hard work has been appreciated. 

Celebrate the achievements of the past year, and if appropriate, reward staff with a festive bonus. Organisations should also strive to offer a fun, slightly more relaxed environment over the festive season. This might include offering extra snacks in staff common areas, and holding informal social events. This can carry over into the New Year, to help ease the way back into work. Another suggestion is to allow staff to dress casually in January and keep things fun with a holiday photo competition or barbecue lunch. 

Employers should approach the festive season proactively, reminding staff of the conduct expected of them, and the requirements around leave during this period. If your organisation encounters an issue with staff, WISE investigates matters of misconduct and can assist in establishing the facts. Contact us for an obligation-free investigation quote.  

Work Christmas Parties: 3 Tips for a Fun Festive Function

Vince Scopelliti - Wednesday, November 14, 2018

It's the end of a long year. Employers and staff alike have worked hard and are looking forward to the opportunity to catch up, celebrate, network and relax.

The work Christmas party is often anticipated as an ideal way to farewell the working year, reward staff, and anticipate the year ahead. However, employers must understand that a successful - and incident-free - Christmas party is dependent upon good planning and a sound understanding of the unique risks of work-related events. 

We provide our three best tips for ensuring a fun, safe and low-risk festive event. 

1. uNDERSTAND YOUR UNIQUE OBLIGATIONS 

One unfortunate mistake that we see in December is employers putting on a 'knees up' for staff without fully understanding the obligations involved. Importantly, it is not only parties held in the workplace that require careful consideration of an employer's legal obligations to staff. Festive functions that are off-site, yet employer sanctioned generally attract the full suite of workplace legalities. Required attendance or strong encouragement to attend, combined with free catering and in-built networking opportunities can all indicate that the Christmas party is indeed a work-related event, wherever it might be held.

Workplace safety usually brings to mind ideas of trip hazards and work station alignment. However, when it comes to the work Christmas party, some hazards are very particular. An open bar is a definite no-no. While some staff might groan about the lack of generosity, the relationship between alcohol and poor Christmas party behaviour is well-documented. It is no laughing matter for those employers who are faced with issues of alleged harassment, staff abuse and injury to workers in the wake of a Christmas 'cracker'.

2. Prepare, Prepare and prepare!

Clear communication to all staff about the nature of the upcoming Christmas party is essential. Without seeming like a kill-joy, it is important to outline in writing the expected behaviour of staff, venue rules and general housekeeping such as the end time of both the bar tab and the function itself. A good idea is to build a basic run-sheet into the invitation. Indicate a start time, any speeches and awards, food presentation, bar hours and offerings and close of proceedings. Preparing staff mentally beforehand will discourage untoward behaviour. 

The importance of limiting alcohol and providing professional function staff at Christmas parties was made painfully clear in the recent case of Sione Vai v Aldi Stores. An inebriated worker became extremely agitated when refused service of alcohol by a responsible bar worker. 

As part of his inappropriate and drunken behaviour, the employee threw a full glass of beer towards a security officer, which sprayed co-workers before smashing into a lamp. He was later dismissed. In appealing this decision, the worker claimed that he lost his job as a direct result of this employer-sanctioned party. 

However, Commissioner David Gregory considered that the provision of professional security and bar staff - trained in Responsible Service of Alcohol (RSA) - as well as a limited supply of alcohol all indicated that the employer had acted with care and diligence. The dismissal was upheld. 

3. respond swiftly to christmas party incidents

As seen in the above case study, preparation and quick action at the time of the function is essential. The aftermath of the party is also a crucial time to consider any necessary responses to incidents that come to light, whether by rumour or direct report. Unfortunately, sexual harassment, verbal abuse, alcohol-related injuries and culturally inappropriate behaviour can all rear their ugly heads at the very function that is designed to foster fun, camaraderie, reflection and unity. Employers should swiftly respond to any Christmas party incidents, ensuring that matters are investigated in a fair, professional and transparent manner. 

decking the halls (safely!)

Equipped with a strong understanding of legal obligations, some sound preparation and prompt responses to any incidents, employers can create a Christmas party that is enjoyable, safe and memorable for all the right reasons. 

If you need assistance to prepare for your Christmas party, or dealing with any issues, which arise from the Christmas party, contact WISE for assistance

How to Truly Relax Over the Summer Holidays

Vince Scopelliti - Wednesday, January 10, 2018

The Christmas tree is up, the fairy lights are lit, the bonbons are set on the table, the trifle is in the fridge - and you are sifting through your phone, replying to just one more email, tweaking just one more slide on the Powerpoint, making just one more phone call to a prospective client. Happy holidays, right? 

If this resembled your Christmas, you're not alone. Nearly 73% of Australians continue to work in some way while they are on leave. This figure is sure to continue rising, as thanks to email, text and social media, people are now contactable 24/7, no matter where they are in the world. 

So, a very modern question - is it possible to have a true break from work, relax fully, and not worry about what might be awaiting you when you return?

it's all about PREPARATION

The key is to organise things before you go away, so that you're in the right headspace to relax and revitalise. 

Top tips to prepare for your holiday break include:  

  • Plan ahead - prepare a list of issues that might come up while you are away and assign them to people who will be working. If necessary, arrange for the relevant people to have access to your emails or your mailbox so that important correspondence can be dealt with in your absence. 
  • Ensure that people you work with, and people you deal with externally, are aware that you are going on leave, and when you will be back. It also helps to give several weeks' notice that you will be away, so that you are not inundated with requests on your way out the door. 
  • Keep a few clear days before you head off on holidays to deal with last-minute issues and put out fires as necessary.
  • Organise yourself so that you have the items requiring your top attention ready to deal with as soon as you return. 

Once you walk out of the workplace, switch off!

Turn off the phone, turn off the emails, and don't check in - relax and enjoy your time off. In almost every case, things will keep going without you. 

Stuck at work?

Of course, not all of us get time off over the summer period. 

If you do have to work through, try to: 

  • Plan your days to maximise what you can achieve, while still allowing time to re-focus. Make sure you take a lunch break, or find some time to stretch your legs.
  • Keep a positive attitude towards having to be at work - someone will benefit from you being there to help!
  • Motivate yourself by planning a break or some time off as a reward after the busy summer holiday season, even if it is just time spent with family at home. 

managing your stress levels is also key to relaxing

While we're all very familiar with the term, what exactly is meant by "stress"? Stress sparks the fight or flight response, preparing the body for action against a potential threat. Adrenaline and cortisol are released, resulting in a speeding up of the heart rate, metabolism and breathing rate. 

Once, this fight or flight response might have kicked in with a mammoth chasing you across the tundra, but in the modern workplace, it's much more likely to result from your supervisor imposing a tight deadline, or dealing with an angry client or a hundred "urgent" emails! 

Stress is largely inevitable, whether you're dealing with issues at work or navigating long holiday queues at the airport. In many ways, it is an acceptable part of modern living - so long as it is managed correctly. 

The stress response can be helpful in the short-term, but long-term, it can have negative effects on your health. Stress can lead to a variety of conditions including fatigue, high blood pressure and depression. 

how mindfulness can help you deal with stress 

A recent buzzword in human resources and psychology, mindfulness is a useful technique for reducing stress. Mindfulness can help you manage your workload better, improve your concentration, increase relaxation and promote self-awareness. 

It involves reflection, prioritisation and listening, without distractions. It means being present in the moment, thinking only of the task at hand, and re-focusing on your work and its purpose. 

There are a number of mindfulness techniques you can try, including mediation, paying attention to your breathing and progressively relaxing your muscles. 

So whether you are working through or taking time off these holidays, make 2018 the year you return to the workplace relaxed and re-focused, and better able to manage stress! 

And if you'd like to get your 2018 off on the right start, we have training programs available to ensure your workplace investigation is as stress free as possible.