MINIMISE YOUR STAFF CHRISTMAS PARTY RISKS
It’s that time of the year again where many employers are about to host Christmas parties for their employees. This is a great way of rewarding employees for their efforts throughout the past year, but employers need to be aware of the risks that come hand in hand with a work Christmas party. Careful planning and attention to workplace health, safety and discrimination and harassment issues can help to ensure a great time is had by all; without any post-Christmas complaints or litigation.
Post-Christmas party complaints or litigation can occur in the areas of:
• Discrimination and harassment, in particular, sexual harassment
• Workplace Health and Safety
• Unfair dismissal
• Unlawful termination
• Personal Injury
In terms of discrimination and harassment, including sexual harassment, employers may be held to be vicariously liable for the behaviour of employees at work related functions unless it can be shown that the employer took all reasonable steps to prevent the behaviour occurring.
In terms of workplace health and safety laws an employer’s obligations extend to work related activities which include work functions outside of working hours. This obligation extends to travel to and from the work function. These journeys are also caught by workers compensation legislation.
HOW CAN YOU MINIMISE THE RISKS
In order to minimise the risks of a post-Christmas party complaint or litigation, employers should:
• make employees aware of the standard of behaviour required at work functions
• ensure that the business has policies concerning workplace health and safety,
discrimination/harassment and alcohol/drug usage
• ensure employees are aware that they are expected to observe workplace policies
not only in the workplace but also during social situations related to work
• have refresher training sessions regarding discrimination and harassment (including sexual harassment)
and workplace health and safety prior to the function for all employees, managers and officers of the company
• warn employees of the consequences of inappropriate behaviour
• DO NOT hang mistletoe; this can lead to intimate contact that may not be welcomed by the receiver
• set a dress standard for the function that keeps it professional
• appoint appropriate managers to stay sober and to oversee the function and to intervene in
circumstances where employees have consumed too much alcohol or are behaving inappropriately
• inspect the venue for possible hazards like slips and trips and make potential risk areas out of bounds
• ensure that sufficient food is served throughout the course of the function. Be aware that buffets present a
particularly high risk of food poisoning from foods such as cooked meats, eggs, mayonnaise and cooked rice
and where food is left at room temperature for more than 90 minutes
ALCOHOL
One of the most prominent contributors to post-Christmas Party complaints and litigation is the consumption of
large amounts alcohol. Excessive consumption of alcohol can result in fights, injuries, offensive behaviour or
intimate behaviour that if unwelcome may amount to sexual harassment. Intoxication will not be considered a
defence in any subsequent court action. With this in mind, alcohol should be served responsibly.
We recommend that employers consider the following:
• serve plenty of food
• provide non-alcoholic beverages
• place a reasonable limit on alcohol supplied and consider a voucher system to limit
alcohol consumption or instruct the bar staff as to when to limit alcoholic service
• ensure bar staff serve alcohol responsibly
• set a reasonable finishing time and do not serve alcohol after this time
• issue a reminder to employees concerning excessive alcohol consumption and the
standards of acceptable behaviour required at work functions
• ensure junior employees do not become drunk and vulnerable
• ensure that those employees who have consumed enough alcohol to be over the
legal limit are not permitted to drive home
• provide a means of safe transport home for those employees who are unable to drive
due to alcoholic consumption or unable to get a lift with another employee due to their
alcoholic consumption. This may involve making a mini-bus or cabcharge vouchers available
to employees who have been drinking
• consider holding the function at a venue that is somewhat isolated so that employees cannot
continue partying at a venue next door or across the road once the function ends
• if staff members drive heavy machinery and have consumed large amounts of alcohol or
have stayed out very late, either give the employee a later starting time the next day or
allow them alternative work until they are fit to resume their usual duties
INAPPROPRIATE BEHAVIOUR
Employers need to ensure that their employees are well aware of the types of behaviour which will be considered
unacceptable. The following are types of conduct that should be highlighted as unacceptable:
• ‘Kris Kringle’ or ‘Secret Santa’ gifts which are offensive (e.g. they refer to a persons race,
religion, age, gender, etc) or sexually suggestive can be discriminatory or be perceived as
harassment/sexual harassment.
• Dancing in a sexually suggestive manner; making intimate contact with a colleague whilst dancing
and /or removing clothing at any time may also be seen as sexual harassment.
• Over exuberant dancing can result in personal injuries.
• Spiking a colleague’s drinks.
• Using or possessing non-prescription drugs.
Main implications for Employers:
Taking the above precautions is not meant to put a dampener on Christmas revelry. With some forethought, employers can help to protect themselves from future complaints and/or legal claims, whilst ensuring all of their employees enjoy their workplace Christmas celebrations.
If you would like further information in relation to the information provided in this Employment Update, please contact Aitken Legal.
