…stays in Vegas, or so says just about every person who has ever been to Vegas.
So, I was interested to hear this week that a Christchurch employer has decided to shout his team to an all-expenses-paid, week-long trip to Las Vegas. It’s the sort of decision that makes an employment lawyer smile.
Why? Well because the adage that things “stay in Vegas” rarely applies when employment relationships are concerned. In fact, the law reports are riddled with cases dealing with the consequences of employees behaving badly away from work.
It can be tricky to navigate the divide between what the employer has an interest in controlling, and what is properly considered the employee’s personal life (and none of the employer’s business), but the law is clear that when the employee’s behaviour affects the employer’s business, because it reflects on the employer, or concerns an employment relationship, it can be addressed in the employment domain.
Some time ago, I wrote a blog about Ms Wikaira, who was employed by the Department of Corrections. She was dismissed for bringing the organisation into disrepute after she was charged with an offence and appeared in Court. The Department took the view that her private behaviour reflected badly on it and affected its reputation. The Court accepted that the Department had an interest in the employee’s behaviour (although in this case it could not be established that the employer suffered disrepute and the employer’s action was unjustified).
There is more than one case concerning the behaviour of airline staff while on ‘layover’ in a city away from home. In those cases – where there have been allegations of harassment, intoxication or other poor behaviour, the Courts have had no hesitation in concluding that the employer is entitled to take an interest in the employee’s behaviour away from work but on the employer’s dime.
So, who knows what could go wrong in Vegas (I’ve never been there myself!). However, it seems to me that it is a place where employees’ behaviour might be less ‘restrained’. The risk is that the behaviour might need to be addressed once the party ends, and this could have employment consequences.
So, some tips for work trips:
- Most of the time on a work trip an employee is bound by the same standards of conduct as would apply at work;
- Behaviour towards another employee outside of the work environment can still be addressed as a disciplinary matter;
- Behaviour towards the employer’s clients, suppliers, contacts or other parties outside the work environment can be addressed as a disciplinary matter;
- Behaviour which otherwise reflects on the employer – for example behaviour that is reported in the media could be addressed as a disciplinary matter;
- Remember you have to return to work eventually;
- An employer might have to be responsible for issues giving rise or potentially giving rise to harm to employees (host responsibility, problem gambling);
- Otherwise – relax and have fun!
