PW Mar 09 P6-7.qxd 2/23/09 8:48 AM Page 7
Park News
www.parkworld-online.com
S
t
Park Law
S
o
u
t
h
ern
a
r
by Heather M Eichenbaum Esq
Employee Complaints
Although amusement parks are generally considered relaxed and fun by their
guests, employees may well view the atmosphere differently. This is something
to consider as you prepare your staff for the season ahead.
Park employees often work in extreme temperatures and weather
conditions, stand on their feet for hours, and sometimes deal with difficult
patrons. When an employee feels they are being mistreated, the working
conditions compound and seem even worse.
Despite the casual nature of amusement parks, employers must adhere to
standards for non-discrimination, avoidance of sexual harassment and other
laws governing workplaces. Moreover, these policies must be posted
conspicuously and enforced diligently to avoid claims of mistreatment.
Employees must be treated equally, regardless of their gender, race, age
and religious beliefs. Their complaints must be documented, considered and
investigated, and responded to seriously.
SOUTHERN STAR
Parks must be particularly conscious of avoiding age discrimination.
Though you may wish to project a youthful and energetic image, age cannot,
under any circumstances, be a factor in hiring, promoting or firing any
The world’s latest observation wheel has suffered a number of setbacks
employee unless physical demands
since it opened at the tail end of last year. The Southern Star, in
of the job render a particular age
Melbourne, Australia, was forced to close last month (February) after an
incapable of performing it (such as
excessive heatwave.
a minimum age for ride operators,
“The heat buckled some bracing members,” explains Fred Maybury of
or physical requirements for
the Southern Star Management Group. “The wheel has operated
mechanics). In other words, if a
successfully and without issue since December 20, 2008, however a
particular individual can perform
decision has been made not to operate the wheel until a full inspection
the job requirements, the employer
can be undertaken and rectification work carried out. The wheel will
cannot consider the person’s age
recommence once this issue is resolved.”
in making the decision of who to
As with most attractions of this nature, the Southern Star has
give the job to.
attracted a great deal of media coverage, though not all of it has
Likewise, an employer cannot
been positive. In January, the Sunday Age newspaper voiced concerns
tolerate inappropriate sexual,
that it may fail to attract the 1.5 million projected annual visitors,
racial, gender-based or age-based
claims that have been refuted by a tourism expert at Melbourne’s
comments by any employee in the
Victoria University.
workplace. Allowing such
The 120-metre-tall structure, which was manufactured by the Japanese
comments, once brought to the
company Meisho, is located at the Waterfront City development. The ride
employer’s attention, can easily result in liability if an employee complains
was recently taken over by UK-based World Tourist Attractions, which
about the work environment.
operates a number of permanent and semi-permanent observation wheels
Appropriate action must be taken against any employee, including
in various international cities.
management and supervisory-level employees, who treats another employee,
or even generally acts, inappropriately. Offending members of staff must be
handled carefully but sternly. Although a “first offence” may be handled with
a reprimand and warning, any second offence by the same employee must be
responded to much more harshly to protect the park. In the event of a
significant offence, such as a sexual assault, the employee should be
immediately terminated to ensure a comfortable workplace for others and to
avoid liability being assessed against the park.
Most importantly, all employee complaints, the investigation that follows,
and the outcome of the investigation, must be carefully and thoroughly
documented. Employees leave and memories fade. Without documentation of
what occurred, it will leave your park incapable of defending itself against a
claim of wrongdoing by an employee or former employee.
Heather Eichenbaum is an attorney with Spector Gadon & Rosen PC, located
in Philadelphia, New Jersey and Florida. Clients include Six Flags, Steel Pier,
Gillian’s Wonderland, Holiday World and Reithoffer Shows. Heather can be
reached at +1 215-241-8856 or heichenbaum@lawsgr.com
MARCH 2009
7
Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44