Workplace Q&A
1 What actions may an employer take if:
a) an employee is absent from work without authorisation because they were watching the World Cup?
This would be regarded as an unauthorised absence (unpaid) and the employee could be subjected to disciplinary action.
b) an employee submits a suspicious medical certificate or other rationale to justify a work absence where the employer suspects the employee is watching or attending the World Cup?
While it may be difficult to prove, if they were absent for some other reason, this would be regarded as an unauthorised absence (unpaid) and they could be subjected to disciplinary action. If established that the employee has been dishonest, this would be grounds for termination of employment.
c) the employer suspects an employee(s) of consuming alcohol at the workplace or within a proximate time before starting work; can an employer administer breathalysers in the workplace?
Yes, in accordance with a drug and alcohol policy (or in the unlikely event their employment contract provides for this).
d) the employer wishes to rearrange the work hours for all employees to accommodate the viewing of particular matches, e.g. their country’s team?
The employer could agree to this. However, if the employment is covered by an award or enterprise agreement, it would be important to check if any overtime, penalty rates, allowances or like benefits are triggered.
e) the employer suspects that employees are using company IT systems during work hours to watch matches (including the use of illegal streaming services) and/or to participate in gambling related to the World Cup (including illegal gambling)?
If substantiated, this would generally result in disciplinary action, potentially termination of employment, particularly if such conduct is contrary to their terms of employment and/or company policies.
f) an employee potentially misconducts themselves outside of working time either at a staff-organised World Cup event or an unorganised event?
For company-organised events, assuming such conduct is contrary to their terms of employment and/or company policies, the employee could be disciplined (up to termination of employment). Misconduct at events not organised by the employer could also be grounds for summary dismissal if it has caused a serious and imminent risk to the reputation of the employer’s business.
2 If a country declares a national holiday on the day the country’s team plays (or later for a celebration), are employees who work on those days entitled to overtime pay or time off in lieu etc?
Yes, they could be (including potentially being entitled to penalty rates) if it was a gazetted public holiday and their employment is covered by an award or enterprise agreement.
3 Is it lawful for a company’s employees to conduct office pools at the workplace? Would there be any restrictions on the amount of money to enter or the amount of compensation awarded?
Practically speaking, this would be very unlikely to result in a finding of unlawful conduct, especially if it does not involve significant amounts of money.
4 May employers prohibit public displays of rival country team colours in the workplace?
Yes, particularly in areas that could impact the professional appearance of a business (e.g. where customers or clients attend).
5 Could an employer be subject to a discrimination claim if accommodations are given in respect of watching games played by one gender but not the other, or for watching certain nations’ games (e.g. home nation) but not others?
No, not a meritorious claim.
6 Any other advice you would give to employers in your jurisdiction ahead of the World Cup?