Mind your step... Christmas functions

The Christmas function is a great way to reward employees for their efforts and build team spirit, and with some careful planning your business can minimise the risk of a liability arising out of the function.

That risk in significantly increased where the service of alcohol is not monitored or controlled. Common liabilities that arise include:

  • Sexual harassment claims;
  • Fighting or bullying allegations; and
  • personal injury claims

As the employer, you are generally liable for the acts of your employees, and this includes at social functions (arranged or approved by you, as the employer). It is incumbent upon you to ensure that all employees are aware of, and abide by, workplace policies on Discrimination & Harassment and Workplace Health and Safety.

In addition to your obligations under Workplace Health and Safety and Discrimination laws you must also be mindful of your obligations and liabilities under Workers Compensation laws. Your liability can extend to injuries sustained at the function and during travel to and from the function. This was confirmed in a recent decision of the Industrial Court of Queensland where it found that a nurse suffered a compensable injury while setting up a Christmas function for patients and their families. It was held that the injury arose “out of, or in the course of, employment” and that work was “a significant contributing factor to the injury”.

Some good ways to limit your potential liability and ensure the safety of your employees include:

  • controlling the amount of alcohol supplied; 
  • have supervisors present who are not consuming alcohol and monitoring consumption of others;
  • providing adequate food and non-alcoholic beverages;
  • providing transport home or doing everything reasonably practicable to stop employees from driving home after consuming more than the legal limit of alcohol;
  • limit the function to reasonable hours; and
  • have well drafted workplace policies that address an employee’s conduct and obligations at work functions.

KEY POINTS: These small steps will hopefully ensure that your employees have a fun and enjoyable night without incident and without exposing the business to a claim for discrimination, harassment, workers’ compensation or personal injury.