Mr L owns and operates five Hanyang stores in Auckland. He also imports and distributes Korean groceries and products to various retailers throughout New Zealand. Mr L had employed Mr J as a Sales Manager for a number of years and they had had an excellent relationship.
In July, Mr J’s brother opened a Hanyang store in competition to one of Mr L’s Auckland stores. Mr J offered to resign, but Mr L told him that there was no need to resign as Mr J had little contact with his brother.
In August, Mr L shouted nine of his employees and their partners to dinner at a restaurant. The male members of the party drank a significant amount of whiskey. After dinner, the party moved to a karaoke bar for a “second shout”. Mr L bought another bottle of whiskey, which the men consumed whilst singing their favourite karaoke songs.
Mr L was not feeling very well and he drifted off into a slumber. When he woke up, he wanted to get his wife’s attention who was sitting very close to Mr J. To do so, he threw a half empty bottle of whiskey in her direction. He misjudged the throw and the bottle hit Mr J on the head. Mr J was taken to the hospital for treatment of lacerations to his eyebrow.
Mr J asserted that Mr L threw the bottle at him because he was angry about the business that had been set up by his brother. He reported the incident to the police and refused to go back to work.
Mr L was convicted for acting with reckless disregard for the safety of others. The Employment Relations Authority also found that the throwing of the bottle was an “unjustified action which undermined the trust and confidence essential to employment relationships.” It awarded Mr J $5,000.00.
Whilst the work outing had started out as a fun and friendly night, it ended badly and broke up what was previously a great employment relationship. My advice is to have fun and socialize at work functions throughout the upcoming Christmas and New Years period. However, try to keep your celebrations to a level that will build relationships and not end in employment grievances or most of all do not throw whiskey bottles at your wife to get her attention.
This article originally appeared in the Southland Times Work To Rule column. Mary-Jane Thomas is head of Preston Russell's employment law team. Contact her by clicking here
