The Office Christmas Party – Lessons from Festivus
After our first real year out of lockdown, the general feeling is that this is going to be a Christmas to let your hair down. And what better way to do it than at the end-of-year party.
But, we don’t all celebrate Christmas. So, in the interests of inclusivity, instead of writing the usual seasonal article cautioning against the excesses of the yearly ritual of the office Christmas party, we thought, there had to be another way. So - we bring you the message through the traditions of Festivus, a little-known December holiday, but one that is dearly cherished by all those who celebrate it.[1]
This article focuses on three of the key Festivus traditions - Festivus Dinner, the Airing of Grievances and Feats of Strength.[2]
Festivus Dinner
Like Festivus Dinner, the office end-of-year party is a chance for all to get together for a celebration of the year and to let our hair down. For employers, it is an excellent opportunity to reward employees with good food, good drink and good times. While no one wants to be the Grinch,[3] it is important that appropriate boundaries as to behaviour and conduct are set in advance of the celebration.
A few days before the party, it is prudent that employers send a general email reminder to staff providing information about the party, its location, transport and expectations as to conduct and behaviour. This last part is particularly important if the employer is providing alcohol at the party. As the end-of-year party is an event at which the employer has induced the employee to attend,[4] the employer has a duty of care to all employees attending the event. As a matter of best practice, this would include ensuring employees have transport home after the event.
If an employer wishes to be sure of its ability to enforce its standards of behaviour (whether by way of disciplinary action or dismissal) it is imperative that employees be notified ahead of time that any failure to comply with appropriate standards of behaviour may be met with disciplinary action.
The Airing of Grievances
I got a lot of problems with you people, and now you’re gonna hear about it! – Frank Costanza
Despite being appropriate for Festivus, this is not a sentence that should be uttered at the end-of-year party. While we all may be loosened up after a big lunch and a few drinks, this is still a work function and proper protocols should still be observed. It is not the place for the boss to berate an employee for poor performance. Similarly, while an employee may think it’s a great opportunity to have some choice words with a workplace rival, the effect of a couple of celebratory drinks may result in the wrong words being chosen.
A robust and detailed grievance policy is therefore essential to mitigate the risk of any issues being raised at the party. Where such a policy is implemented and followed, employees will know where they stand when raising complaints, whether about their employment or issues with fellow employees. Employees will feel better supported and listened to where a grievance process is followed – meaning that no-one will feel the need to tee-off on anyone else after a few too many Aperol Spritzes.
Save the airing of grievances for a properly convened meeting, in the office – not in the middle of the end-of-year party.
Feats of Strength
Tradition states that Festivus is not concluded until the head of the household is wrestled to the floor and pinned. Generally, this would not (depending on the workplace), be an appropriate way to conclude an end-of-year party.
Worst case scenario – the pre-event reminder email has been disregarded, the company code of conduct was never circulated, everyone is a bit too jolly and grievances have been well and truly aired. In extreme cases, this kind of behaviour can result in physical altercation – clearly, an inappropriate display of feats of strength.[5] It is up to the employer to de-escalate any situations that may arise. One way this can be managed is to appoint a senior staff member to deal with any issues on the day. Typically, it would mean this staff member remaining at a designated driver level of sobriety.
The employer can display its strength through a zero-tolerance approach to any instances of improper or inappropriate conduct – whether it be excessive inebriation, verbal or physical altercations, discrimination, or sexual harassment. Any offending employees must be removed immediately, for the safety and security of all present at the party. As soon as possible (perhaps on the following Monday) any incidents should be investigated. The presence of a trusted and sober employee will make the recollection of any incidents more reliable and make any subsequent investigation process easier.
Tips for a Happy and Safe Festivus
Set clear expectations of employees and other attendees
Make sure everyone is aware of relevant policies regarding acceptable behaviour, including in relation to:
Codes of conduct
Grievances/complaints
Drugs and alcohol
Sexual harassment and discrimination
Designate a responsible person to deal with any issues that may arise on the day
Investigate promptly (after the event) any matters that are raised and deal with them promptly.
Ultimately, issues that may arise at an end-of-year party can easily be avoided if (unlike the Costanza family) employers and employees exercise a bit of common-sense and discretion. Happy Festivus!
[1] Festivus (https://en.wikipedia.org/wiki/Festivus) was brought to wider public attention through the 1997 Seinfeld episode “The Strike” as a holiday invented by George Costanza’s father, Frank. It is recommended that the reader of this article, if unfamiliar with Festivus, watch this episode for a deeper understanding of the holiday. The episode is particularly recommended to those interested in workplace and industrial relations, as it involves Kramer picketing his workplace, H&H Bagels.
[2] The full list of Festivus practices is as follows: the Festivus Pole (an unadorned aluminium pole), Festivus Dinner, Airing of Grievances, Feats of Strength, and Festivus Miracles. A full discussion of these practices is beyond the scope of this article.
[3] See also Estelle Costanza.
[4] Where an injury occurs in the course of an employee’s employment (e.g. where an employee is induced by an employer to be at a particular place or to engage in a particular activity), the employer will be liable for that injury. See Hatzimanolis v ANI Corporation Ltd (1992) 173 CLR 473 and Comcare v PVYW (2013) 250 CLR 246, 268.
[5] See, e.g. McDaid v Future Engineering and Communication Pty Ltd [2016] FWC 343 which was an unfair dismissal proceeding concerning the termination of Mr McDaid’s employment. At the Christmas party he became inebriated, abused a fellow employee and pushed him in a pool, then rained blows upon his manager after being asked to leave. The employee was subsequently dismissed from his employment. The Commission found that in all the circumstances, the dismissal was not unfair.