When staff parties go bad...and then you lie about it

Staff parties can be a wonderful thing. They can strengthen working relationships and morale and be a lot of fun at the same time. Eat, drink and be merry. Or they can get out of control and end careers. A truly double-edged sword.

If you think that staff parties are an oasis of equality where everyone is on the same level and management employees can and should let their hair down for the good of all, guess again. For managers, there is really no such thing as being off the clock when you are around employees in any setting or situation.

Adam had been employed by a hotel chain for 22 years and had received a number of promotions by the time he attended a staff Christmas party in December of 2006.

It was the usual cocktails, dinner and dance , although some people did notice that a staff member we will call Betty appeared to be drunk to the point of falling down and dirty dancing sandwiched between Adam and another manager.

It would appear Betty planned to tie one on and she booked a room in the hotel so she wouldn’t have to go home. Adam claims that on three different occasions during the dance she asked him if he wanted to go up to her room with her and have a shower. Adam declined. He also said she sat on his lap without invitation until he made her move to a chair of her own.

One of the staff members had booked a suite for an “after party” and invited about 15 people up for drinks after the formal festivities ended.

The other manager that had been sandwiching Betty claimed he went up to the suite alone with her and as soon as the elevator doors closed she planted one on him – a kiss that is. Adam arrived a little later and went into the bathroom where the beer was being kept cold in the sink to find one. He also found Betty.

Adam claimed that nothing happened while he was in the bathroom with Betty and that he did not touch her in any way.  He did admit that he had to reach over or around her to get a beer and the she may have inadvertently touched him.

Eventually, Betty stumbled off to her room and was eventually joined by the other manager for a necking session. The next morning, Betty couldn’t remember a thing that happened at the after party or later. She claimed that her memories only returned to her over time. She couldn’t believe that she drank that much and decided that she must have been slipped a rape drug. A few days later Adam called her to see if they could hook up but she declined. She complained to management and they investigated.

Adam told his story to management about just going into the bathroom for beer and not engaging in any contact with Betty while there. The problem was that one of the other after-party attendees saw Adam standing behind Betty in front of the mirror with his hands on her shoulders and moving them to her breasts. Another attendee saw Adam’s arms around her waist and noted that Betty seemed very drunk. It looked like Adam was whispering in her ear. Another also saw Adam with his hands around Betty’s waist in the bathroom. Eventually Betty closed the bathroom door. When she came out she was adjusting her blouse. Her speech was slurred.

Adam was terminated without notice or pay in lieu of notice and the employer took the position that there was just cause for the termination of his employment because he had engaged in intimate activity with a subordinate who was clearly intoxicated and then lied about it when he was asked.

The judge agreed with the employer and found that even if Betty was a willing participant, given her high degree of intoxication, it was an abuse of power and sexual harassment.

In addition, since the judge found that Adam had been engaged in sexual behaviour with Betty in the bathroom despite his denials to management and the court, that dishonesty was a fundamental breach of his employment obligations. This is especially the case since he was a management employee.

Second-guessing is a dangerous task but I think there is a good chance that if Adam had not lied about his behavior, just cause would not have been found. Although the behaviour that Adam engaged in with Betty was inappropriate given his management position, it may not on its own have been enough, given that she was a willing participant, drunk or not, to end a 22-year career without pay in lieu of notice.

Sexual harassment is sexual behavior that Adam knew or ought to have known was not welcome. It can also include pressuring someone, especially a subordinate, to become intimately involved. Adam’s one phone call was not pressure. Betty’s position did not report to Adam. Betty may have been very drunk by the time she hit the bathroom but there was evidence she was broadcasting consent even at the formal party.

Having said that, Adam was a management representative and he made a really bad choice. If it were only that, he might have got off with a warning. But the lie nailed it. If you cannot trust your managers for the truth on important matters, they are of no use.

I bet that’s one party Adam wishes he never attended.