Case study: Employee’s out-of-hours dismissal justified
The Fair Work Commission determined an employee, Mr Vai, who threw a glass of beer over his colleagues at a planned Christmas party, was not unfairly dismissed.
Mr Vai was an employee at ALDI, as a Warehouse Operator at its distribution centre in Melbourne. A Christmas party was planned for employees by the Section Leaders at the distribution centre, which was hosted by ALDI. Before the Christmas party, Mr Vai had been drinking, and continued to drink while at the party until refused service by the staff at the bar.
During the party, Mr Vai supposed a staff member at the bar made a racial comment against him causing him to become aggravated. This led him to throw his drink towards a security guard, but ultimately over the heads of some of his colleagues. The drink was full and hit a lamp as it was thrown, spraying over many other colleagues. Consequently, Mr Vai was dismissed on the spot, in accordance with his conduct.
As a result, Mr Vai brought an unfair dismissal claim, seeking in excess of $32,000 in compensation. Mr Vai claimed that due to being intoxicated he could not remember the incident, and regardless was triggered by the racial comment made by the staff member at the bar.
Additionally, Mr Vai argued his dismissal was extreme in comparison to his actions, and because there were no managers in attendance at the party, the event could not be recognised as an authorised ALDI event, and so was not associated to his employment.
In response, ALDI contended they had ensured appropriate measures had been taken to enforce responsible behaviour, such as providing security guards and limiting the service of alcohol. ALDI also reiterated that the code of conduct extended to this event, and was not limited to its physical workplace.
The Commission acknowledged Mr Vai's dismissal was valid, as ALDI had made a conscious effort to restrict the service of alcohol, and actively put measures in place to enforce responsible behaviour.
Due to the severity of Mr Vai’s actions, in regards to the fact that his colleagues could have been significantly injured, dismissal was a valid and justified resort.
This case reaffirms the importance for employers to ensure all staff members are familiar with the policies and procedure of the practice, and therefore aware of the expectations of the workplace, and consequently the expectations at work events such as Christmas parties.
If you have any concerns or questions about the upcoming holiday season, please contact our Workplace Relations Team on (07) 3872 2222 or workplacerelations@amaq.com.au.