How to Take Action when Employees and Alcohol Mix

Vince Scopelliti - Wednesday, March 27, 2019

Alcohol and workplaces never mix well. No matter the sort of work they do, employees should not be in the workplace when they are under the influence or still suffering the effects of alcohol consumption. This includes drinking at work or immediately before starting work, and those who are still impacted by a big night out. 

So what steps should an employer take when dealing with a worker who they suspect is intoxicated in the office?

approaching an intoxicated employee

Occupational health and safety legislation throughout Australia places an obligation on employers to protect not only the safety of the intoxicated employee, but that of all other employees as well. 

This means making sure that an intoxicated employee can't hurt themselves or anyone else. Accordingly, employers have an obligation to approach intoxicated employees and ask them to leave work immediately (without driving a vehicle, of course!). 

However, being intoxicated at work does not necessarily mean that employees can be terminated immediately. When determining whether a dismissal for intoxication in the workplace is 'valid' or can be upheld, courts will consider several factors. These include whether the company's drug and alcohol policy or any contractual arrangements in place with the employee are sufficiently clear to demonstrate that there is a 'zero tolerance' policy for alcohol in the workplace. 

Although employees should certainly be disciplined for being intoxicated at work, employers who are wishing to avoid claims for unfair dismissal should consider interim steps such as clearly worded warnings rather than summarily dismissing staff.

factors that may contribute to alcohol abuse

Of course, prevention is always better than cure. Employers should give some thought to factors that may encourage their staff to over-indulge in alcohol to the extent that they are intoxicated in the workplace. 

Key risk factors include:

  • Age, gender and socio-economics. According to the Alcohol.Think Again campaign, young men who work in lower skilled or manual occupations are statistically most likely to be involved in 'risky drinking'.
  • Isolation (geographical isolation or social isolation within work peer groups)
  • Bullying, harassment and other interpersonal difficulties
  • Poor supervision, or support in the workplace
  • Difficult working conditions
  • High levels of stress 

How alcohol use can impact the workplace

An intoxicated employee can pose a risk to the safety of themselves and others. This is magnified when the employee is in a customer-facing role, or they are required to do manual work involving precision or machinery. 

Regardless of the nature of the work however, job performance can suffer as a result of the poor concentration and low productivity that will likely result from intoxication.

Steps to address alcohol use in the workplace

In addition to mitigating workplace risk factors, employers should ensure that they have clear and detailed drug and alcohol policies which identify under what conditions an employee would be determined to be 'intoxicated'. Policies should also clearly spell out the consequences of breaching those conditions. 

Employers must ensure that any breaches of the policy are thoroughly and objectively investigated, and any required disciplinary action is taken swiftly. 

If you would like to know more about risk management and creating effective drug and alcohol policies, or you require assistance with investigating an incident involving an intoxicated employee, contact WISE today.

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.