How to prevent those end-of-year party ‘mishaps’

Michael Bagraim, from Bagraim's Attorneys. His column is titled “Love thy labour" and appears every Wednesday in the Cape Argus. Photographer:Tracey Adams (ANA)

Michael Bagraim, from Bagraim's Attorneys. His column is titled “Love thy labour" and appears every Wednesday in the Cape Argus. Photographer:Tracey Adams (ANA)

Published Nov 5, 2022

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Every year at around this time, employers start planning and structuring the year-end gatherings. This year will probably be more hectic than normal as we’ve not had these gatherings for more than two years, because of the coronavirus.

I am getting queries from clients about the protocol for the gatherings and whether certain Covid-19 restrictions remain in place. The answer is that there are restrictions, by the Department of Employment and Labour, contained in the regulations. Although Covid is fading from our memories, it is, unfortunately, present and for some strange reason, the department has rather harsh regulations in place. The regulations are obtainable from the department’s website.

Every year, mishaps occur at the parties. Every year, I am invariably contacted by employers to conduct disciplinary inquiries and/or investigations about the problems encountered. These vary from extremely serious to minor but many of them have a common denominator – invariably, alcohol and, sometimes, soft and even hard drugs play a key role.

Certain guidelines have to be followed:

First, every staff member must be warned that this is a business event and although it might be informal, people remain bound by the disciplinary codes of good practice within their firm. The codes of practice outline structured behaviour that must be practised on- or off-site when it is a work event. People must be warned that the structured behaviour is valid and will be implemented with harsh consequences if not adhered to.

Second, management must be present at the gatherings, right to the end. If there is no one with an oversight role, problems do occur.

Third, if someone tends to step out of line in some way or another, the person needs to be tackled at the event and possibly even removed. I often encounter stories afterwards, about drunken behaviour that was not stopped at the source. If it is tackled early, this could avoid negative consequences for the misbehaving individual and others who might interact with the person.

Fourth, if the event is off-site, it would be wise to ask the convenors of the event or the owners of the property to also exercise some sort of oversight role. For instance, at a restaurant, it is always important for a manager to be nearby in case a complaint arises.

Fifth, it would be useful to record or film the problems that arise, there and then. All staff members should be warned to be vigilant about any behaviour that makes them uncomfortable and to report it. It is better to be safe than sorry.

The manager on duty must be empowered to either stop the event or remove the individual who is causing the trouble.

Furthermore, it is recommended that the event either be alcohol-free or the amount of alcohol consumed be kept to a minimum. If people know they are being monitored and if the restaurant or venue knows that people are only allowed two or three drinks, it makes it a lot easier to contain. Management must understand that damages to the venue and any negative incident could make the employer liable. I have had to try to defend employers who were sued for damages and culpability when things had gone wrong.

It must be remembered that employees across South Africa have suffered financially over the past two years and it would be extremely thoughtful and a lot easier to structure to give a gift voucher as opposed to organising a gathering that leads to some sort of problem.

* Michael Bagraim.

** The views expressed here are not necessarily those of Independent Media.

Cape Argus

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