The holiday season is upon us, and many companies are resuming the tradition of hosting Christmas parties: a time for celebration! However, case law shows that such gatherings can lead to incidents, ranging from disputes to inappropriate behavior. The impact of such incidents on the employment relationship depends on the circumstances at hand, but dismissal (for urgent cause) can be a possible outcome.
What Does Case Law Teach Us?
- Physical violence: An employee who attacked the company’s director during a Christmas party was dismissed with immediate effect. This dismissal was upheld by the Court of Appeal, despite the employee’s long tenure and health issues.
- Inappropriate behavior: An employee of ProRail was dismissed for repeatedly making offensive comments and inappropriately touching a colleague at a Christmas party, even after being asked to stop. The Subdistrict Court ruled that dismissal with immediate effect was too severe, partly due to the employee’s long-standing service.
- Harassment and intimidation: In another case, inappropriate behavior by an employee of a political party led to judicial termination of the employment contract. Initially, the employee received only a warning, but a later request for termination resulted in dismissal.
What Can Employers Do?
A Christmas party is an excellent opportunity to celebrate success and close the year on a high note, but it can also pose legal risks if boundaries are crossed. Case law demonstrates that behavior at a party, even outside working hours, can have significant repercussions for the employment relationship.
To ensure a safe and enjoyable event, employers should clearly communicate expectations, implement appropriate supervision, and foster a safe environment. With the right precautions, the Christmas party can remain festive and responsible!