A Fair Work Commission ruling on a sacked worker (not pictured) could lead to bosses banning the booze at end-of-year office parties. Source: Getty Images

The decision by the Fair Work Commission could lead to Stephen Keenan getting his job back on a Leighton Boral Amey roads project, from which he was fired in January, despite his boozed-up antics at last year’s Christmas party, The Australian reports.

The commission heard that during the event at a Sydney hotel function room, Mr Keenan told a Leighton Boral Amey director to “f**k off mate” after being interrupted during a chat, and repeatedly asked a female co-worker for her phone number.

Once the official function ended at 10pm, Mr Keenan, a team leader, moved to the public bar where he touched another female colleague’s face, and told another he used to think she was a “stuck-up bitch”.

He also grabbed yet another co-worker and kissed her, allegedly telling her: “I’m going to go home and dream about you tonight”.

But it didn’t end there.

Not everyone is merry at the work Christmas party. Picture: iStock Source: Supplied

Outside, while waiting for a taxi, Mr Keenan told another female colleague: “My mission tonight is to find out what colour your knickers you have on [sic]”.

The woman replied: “They are white. Touch my skirt and I’ll kill you”.

Workers were allowed to help themselves to bottles of beer during the official function, the commission heard. Mr Keenan had knocked back about 10 beers and one vodka and Coke, according to The Australian.

Prior to the end-of-year party Mr Keenan had been elected the Australian Workers’ Union delegate on the road project, and was one of two work and safety representatives.

In his unfair dismissal claim, the AWU argued Mr Keenan’s conduct was outside the scope of his employment because it took place after the end of the official party, in the public bar and out on the street.

Fair Work Commission vice-president Adam Hatcher agreed the dismissal was harsh and unjust. A further hearing will be held to determine whether Mr Keenan can return to his job without being near the colleague he kissed.

But the case might set a sobering precedent for other work parties, with employers potentially reluctant let the free booze flow.

Mr Hatcher pointed out it was “contradictory and self-defeating” for companies to expect good behaviour if they were providing free-flowing alcohol.

“If alcohol is supplied in such a manner, it ­becomes entirely predictable that some individuals will consume an excessive amount and behave inapprop­riately,” he said.

The Australian Drug Foundation says the office end-of-year party is the highest-risk time for workplaces when it comes to alcohol and drug use.

The foundation’s head of workplace services, Phillip Collins, told news.com.au the commission’s ruling was likely to impact the way such parties are managed — with a renewed focus on the employer to be more responsible.

“This has been very much a grey area in the past, and the more and more this comes to light through something like an unfair dismissal, the more the focus will fall back onto the employer to take responsible steps to make sure the alcohol flow is not as free-flowing as it has been in history,” he said.

“[Heavy drinking at parties] usually comes from a mentality that some employees have, that if they’re a little bit disgruntled or dissatisfied or think they don’t get paid enough they might go into that party thinking, ‘Oh well, I’ll drink my wages, it’s on the house’. And before they know it, and probably without intent on being messy, they’re messy.

“What organisations need to do is have a little bit of through before the event and pre-empt a situation like this.”

Stick to good, clean fun at the Christmas party, the Australian Drug Foundation suggests. Source: News Limited

Mr Collins said one of the challenges businesses faced with Christmas parties was that the person charged with organising it was usually a junior, or someone with little experience about the responsible service of alcohol.

Thankfully, though, he doesn’t think banning the booze is the way to go — just being smarter about the way it is provided.

The Australian Drug Foundation has 87 guidelines to help businesses put on a responsible work function.

The main points include slowing the topping up of glasses, intermittent service breaks, greeting guests with mocktails on entry, serving more food, and reminding staff beforehand the function is not a drinking “free-for-all”.

It also includes having a solid and well-communicated general policy on drugs and alcohol in the workplace, Mr Collins said.

“You don’t need to go grog-free — it’s all about being responsible and understanding that the hospitality industry has been brainwashed into thinking to keep you happy you need to have a lot of alcohol,” he said.

“You can still have your alcohol, you don’t need an abundance of it. And the upside for the hospitality industry is that they save money because they’re not serving as much alcohol.”

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