When the Party Moves Next Door: Off-Duty Misconduct and the Employment Nexus

| October 20, 2026

A recent Fair Work Commission decision highlights when misconduct outside an official work function can still justify dismissal.

The decision is a timely reminder for employers preparing for end-of-year celebrations that workplace conduct expectations do not necessarily end when the official event finishes.

The Post-Function Altercation

Following Arts Centre Melbourne’s end-of-year function in December 2024, several employees moved to a nearby public venue, Beer DeLuxe, to continue socialising.

A verbal dispute arose between building maintenance employee Cameron Bell and senior manager Ben Anderson. After offensive remarks were exchanged, Mr Bell struck Mr Anderson forcefully in the head, sending him backwards into an outdoor heater and onto the pavement.

Mr Bell subsequently left the venue.

Following an investigation, Arts Centre Melbourne summarily dismissed Mr Bell for serious misconduct.

When Does Off-Duty Conduct Become an Employment Issue?

Employers generally cannot regulate employees’ private lives. However, they may take action where out-of-hours conduct has a sufficient connection to employment, particularly where it affects workplace safety, damages the employment relationship or breaches fundamental employment obligations.

In this case, several factors established that connection:

• Proximity: The incident occurred immediately after the employer-sponsored function, approximately 200 metres from the workplace.

• Employment connection: The employees were socialising together because of their employment and attendance at the function.

• Workplace impact: The assault had ongoing safety consequences. Mr Anderson became fearful of working alone, particularly given Mr Bell’s access to workplace offices through his maintenance role.

• Serious misconduct: Striking a colleague in the head was fundamentally inconsistent with obligations to maintain a safe and respectful workplace.

Why the Fair Work Commission Upheld the Dismissal

Commissioner Perica found that the dismissal was substantively justified, meaning there was a valid reason for dismissal, and procedurally fair.

Key considerations included:

1. Violence Was Not Justified by Provocation

Even if offensive remarks had been directed at Mr Bell, they did not justify a forceful physical assault.

2. The Evidence Was Sufficiently Cogent

Although some surveillance footage had been lost, eyewitness evidence, admissions and a contemporaneous account of the footage provided sufficient support for Arts Centre Melbourne’s finding of serious misconduct.

3. Procedural Fairness Was Afforded

Mr Bell received written particulars of the allegations and was given a full opportunity to respond. He was also offered a support person for the meeting.

4. Workplace Safety Outweighed Timing Concerns

Although dismissal immediately before Christmas caused personal hardship, Arts Centre Melbourne’s obligation to protect workplace health and safety supported immediate termination.

What Employers Can Learn from the Decision

Make Conduct Expectations Clear

Before work functions, remind employees that workplace standards may extend beyond the official event where their conduct remains connected to work.

Ensure Workplace Policies Have Sufficient Reach

Codes of conduct and behavioural policies should address work-related interactions outside the workplace, particularly conduct that may affect workplace safety or the employment relationship.

Consider Ongoing Workplace Risks

Physical violence, intimidation or threats can continue to affect employees long after an incident and may make the employment relationship untenable.

Conduct Fair and Thorough Investigations

Serious allegations require cogent evidence, careful fact-finding and procedural fairness. Employers should put allegations to employees with sufficient detail to allow a meaningful response before making findings.

The Silly Season Is Upon Us!

With Christmas just around the corner, many workplaces are preparing to celebrate the year with end-of-year functions and social events.

While these occasions provide an opportunity for teams to relax and connect, they can also create risks when professional boundaries are overlooked.

This decision is a useful reminder that the end of an official work function does not necessarily mark the end of an employer’s legitimate interest in employee conduct.

Where a sufficient connection to work remains, and the consequences follow employees back into the workplace, conduct outside working hours can still have serious employment consequences.

Is Your Workplace Ready for the Silly Season?

Preparation is key to managing workplace events and reducing the risk of misconduct.

IRiQ Law can assist employers with reviewing workplace policies, setting clear conduct expectations and managing workplace incidents or investigations.

Our Silly Season Work Event Checklist also provides practical guidance for planning, managing and following up on workplace functions.

For further guidance, explore our Essential Workplace Policies flyer, or contact our team for advice on managing workplace conduct and compliance risks.