What Happens When? Christmas Edition

Only if it’s a normal working day for them and their employment agreement allows it. If they refuse, you cannot force them unless the agreement includes a clause requiring work on public holidays.

If they have sick leave owed to them, you are required to pay them, if they were sick. There is little you can do unless you have evidence that the employee was not sick. You could ask for a medical certificate, although all it will likely tell you is “my patient reports to me that he was sick on 25 December.” If you have evidence that they were not sick, then not paying sick leave is a possible option, along with initiating a disciplinary process.

An employer’s obligation is to provide a safe work environment, free from harassment and harm. The work function, irrespective of it being out of hours and off-site, is still deemed to be a place the employer is responsible for. You will need to initiate an investigation to determine the facts, and during this process, ensure your employee remains supported and safe. This might include ensuring the owner stays away from the workplace in the interim. If the owner doesn’t agree to these steps, the company has a risk of the employee raising a personal grievance. For matters about sexual harassment, an employee has 12 months to raise the grievance.

The short answer is no, you don’t have to pay him the bonus, subject to the payment being one that has not become a custom and practice which employees can reasonably expect to receive each year. We would strongly recommend you have a conversation with the employee before the bonus is paid to others, to explain your decision and set out what needs to be different next year in order for him to get a bonus, if one is paid. The key is to not set up an expectation that a bonus is automatic each year.