The 2012 Olympics commenced on 30 July 2012 in London to the delight of sports fans across the globe. This week we watched as Olympics fever gripped Australia, but the Games may prove to be a headache for some employers.

With events scheduled at different times throughout the Olympics, 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 London, may fail to 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 Olympics.

Flexible working arrangements

Some employers will receive requests from employees to take time off to watch the Olympics. 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 events. Alternatively, employers may wish to allow employees to listen to an event 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.

Managing sickness absence

Where an employer suspects personal leave is being used to watch the Olympics, 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.

Employers cannot take disciplinary action if they are merely suspicious of the real reason for the leave. There must be some evidence of it, for example, if the employee told other employees they were absent to watch the Olympics.

DLA Piper Olympics Survey

We conducted a survey through social media of human resources and other 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 events, and whether businesses are applying their policies or issuing guidance to staff in advance of the Olympics as a way of managing potential issues such as unauthorised absence, increased internet usage and racial banter.

40% of respondents to the survey said that they were planning to offer some flexibility for employees to watch the Olympics. Of those businesses that would consider flexible working practices:

  • The provision of unpaid time off was the most popular option (just under 70% of respondents planned to offer this)
  • One-third of respondents were in favour of allowing employees to swap shifts or come in late/leave early.

The survey responses show that employers are considering creative ways of allowing employees to watch the Olympics, as a mechanism to avoid the necessity to instigate disciplinary action against an employee for malingering or using personal/carer's leave in an unauthorised manner. An overwhelming 70% of respondents said that they would consider disciplinary action for abuse of personal/carer's leave or lateness for work (without the employer's consent) during the Olympics.

Methodology

The survey was conducted through LinkedIn and Twitter for 10 days from Friday 20 July 2012. All surveys were completed online and anonymously.

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This publication is intended as a general overview and discussion of the subjects dealt with. It is not intended to be, and should not used as, a substitute for taking legal advice in any specific situation. DLA Piper Australia will accept no responsibility for any actions taken or not taken on the basis of this publication.


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