ALCOHOL AT YEAR END FUNCTIONS? – NEWSFLASH – DECEMBER 2018
It is the time of year when many year-end functions typically take place and whether this is on- or off premises, it usually involves alcoholic refreshments.
To what extent should an employer who makes alcoholic beverages available to employees during a function, be responsible to try and mitigate the effects of alcohol consumption in order to safeguard employees and to avoid potential legal liability?
It is trite law that an employer can legally be held liable for damages caused by the actions of its employees if those actions took place within the course and scope of their employment. Apart from that, there is potential for reputational damage to the employer caused by intoxicated employees; or harm caused by such employees to themselves or others by driving under the influence of alcohol or when over the legal limit. Health and safety obligations and possible workplace injuries could also impact on the business.
Essentially, employers should be able to demonstrate that they have a least made an effort to try and manage employees’ conduct around alcohol consumption, or preventing them from driving when over the legal limit or in an intoxicated state.
Most employers generally have an alcohol policy in place, stipulating a “zero tolerance” approach to alcohol consumption in relation to their work or workplace. However, this policy is usually relaxed for the purposes of social work functions. It is therefore important for employers to stipulate in the policy what is expected of employees on such occasions. This could include:
? Informing employees that behaviour at social work functions still requires a level of modesty suitable to a working environment and that it is the employee’s responsibility to ensure that they consume alcohol with discretion (even if it’s free!).
? Stating that the employer will not accept liability for harm or damages …….
To continue reading: www.pangealabour.co.za/alcohol-at-work-functions