“When I was working in broadcasting - I reflect on what used to happen at our work parties - which I must say were legendary.
“Those sorts of parties do not happen anymore, because back in those days, not only were there no cellphones, we didn’t even have internet. What happened at work parties stayed at work parties.”
He said rare exceptions to the culture of impunity happened if a person seriously annoyed someone higher up the management chain.
But mostly, pranks were laughed at and fights forgotten about.
“I recall one work party where someone’s tyres ended up being slashed.”
The annoyed car owner went to complain to their employer soon afterward, and Gelb said the company’s response was: “It was a bit unfortunate- but we all had a good night.”
The company paid for new tyres and the fights and tyre-slashing were forgiven.
More recently, foolish or predatory behaviour has caused problems and even tragedies during or after work Christmas parties.
In 2000, a drunk Auckland investment banker set fire to his colleague’s plastic skirt at a Hawaiian-themed party and killed him.
The drunk man who started the fire was jailed.
After a 2019 work Christmas party, a drunken lawyer told a colleague he would give her the best orgasm of her life and inappropriately touched her in a taxi home.
The drunk male lawyer was taken to the Lawyers and Conveyancers Disciplinary Tribunal.
Asked if changes to Christmas party culture were for the better, Gelb took a long pause before answering.
“It’s probably a good thing. It’s holding people more to account for their actions, and things that used to get swept under the carpet ... now result in people being made to account, which does make the workplace a safer environment.”
Gelb said he advised employer clients to think of alternatives to Christmas parties.
Giving everybody gift vouchers could save the business a lot of hassle, he said.
“If you are going to have a work party, employers need to plan virtually every detail.”
Gelb said companies should provide adequate food and plenty of non-alcoholic beverages.
Individual Uber rides or taxi chits should be provided also to get employees home, he added.
Gelb said in Auckland it was often impractical to bundle groups of employees into minibus taxis because the city was so sprawling and workmates often lived a long way apart.
Legal hangovers
A Buddle Findlay lawyer previously told the Herald owners and senior managers could be liable if a worker was injured at a work Christmas party.
Human Resources Director magazine said online bullying, sexual harassment, privacy breaches and fallouts linked to Christmas parties could potentially lead to legal hassles.
And Gelb said employees at Christmas time should be mindful of trouble when acting badly outside the workplace.
If partygoers moved from an official work function to another bar or nightclub and behaved offensively or abusively, they could get in trouble for bringing their employer into disrepute.
A key issue was whether an individual or group misbehaving were identifiably from a certain workplace.
The same sort of principle applied to misbehaviour at big summer events like major cricket matches.
“If they were all wearing Company ABC Limited shirts, then their behaviour gets associated back to work,” Gelb said.
“If work had organised the cricket function there may be some liability to the company if someone complains about the behaviour.”
Gelb said it was easier now for bosses and employees to get in trouble for lurid or abusive party-season behaviour - but that kind of behaviour was less common.
“As technology and IT and phones have developed, as they have got better, likewise the behaviour at these events has also improved.”
