Is there a cure for World Cup fever? - Guidance for Australian employers

The 2010 World Cup kicked off on 11 June 2010 in South Africa to the delight of soccer fans across the globe. Over the weekend, we watched as soccer fever gripped Australia, but as DLA Phillips Fox workplace relations lawyers, Amber Millhouse and Rick Catanzariti point out the World Cup may prove to be a headache for some employers.

With matches scheduled at different times throughout the tournament, employees may seek time off to view games that coincide with their working hours or, as a result of the time difference between Australia and South Africa, may not turn up to work at all or perform their duty in the required manner after missing out on a good night's sleep.

Employers should be prepared to manage potential staff issues that may arise. Clear communication with employees about what is expected of them will assist in the effective management of potential issues.

Below are some of the strategies employers should consider to avoid high levels of unauthorised absence during the World Cup:

Flexible working arrangements

Some employers will receive requests from employees to take time off to watch the game. One option is to provide flexibility including allowing employees to take the relevant days (or half days) off as part of their annual leave entitlement, or operating a flexible working system on days when there are key matches.  Alternatively, employers may wish to allow employees to listen to a match on the radio or watch it on a television or on a computer at work, implement flexible start or finish times, extend break times, or allow employees to swap shifts or take unpaid leave. 

Not all employees may be supporting the Australian team.  Therefore, any flexibility offered to the Australian team supporters may need to be extended to employees who are following a different team.  This may avoid discrimination claims on the grounds of race or nationality.

Further, employers will need to take account of the fact that not all employees will be following the World Cup.  Employers should ensure that employees who do not want to watch the matches are not disadvantaged, such as non supporters picking up work not being done by those employees who have left early or arrive late because of a match.

Managing sickness absence

Where an employer suspects personal leave being used to watch games, employers need to address it promptly, noting the notice and evidence requirements regarding the taking of personal/carer's leave set out in the Fair Work Act 2009 (Cth) (FW Act) or in accordance with the employee's contract of employment or other workplace policy.  Abuse of personal leave in these circumstances may entitle the employer to instigate disciplinary action against the employee. 

How have employers reacted overseas?

In May 2010, DLA Phillips Fox exclusive alliance partner, DLA Piper conducted a survey in the United Kingdom of senior business decision makers and human resources professionals to gauge the impact of this major sporting event on their workforce. The survey considered the extent to which businesses are willing to offer flexibility to employees to watch matches, and whether businesses are reviewing their policies or issuing guidance to staff in advance of the World Cup as a way of managing potential issues such as unauthorised absence, increased internet usage and racial banter.
Click here for a copy of DLA Piper's survey report, 'World Cup: Are businesses ready for kick off?'.

For more information on the Australian context, please contact:

Amber Millhouse, Solicitor
Tel +61 3 9274 5065
amber.millhouse@dlaphillipsfox.com

Rick Catanzariti, Partner
Tel: +61 3 9274 5810
rick.catanzariti@dlaphillipsfox.com