Christmas party safety risks

With Christmas approaching and office parties being planned, the Australian Industry Group (Ai Group) has examined the growing legal risks to employers and identified the top five pitfalls that could turn an office Christmas party into a legal and HR nightmare.

Michael Mead, Ai Group national manager workplace relations, said there is a growing body of legal cases that suggest employers preparing to host Christmas parties need to ensure they have processes in place to minimise risks, especially where alcohol is served out of hours.

“One case earlier this year which raised the bar in terms of what is needed to prepare for a work function related to an employee who was sacked after allegedly sexually harassing and bullying work colleagues at an event,” said Mead.

“He appealed his dismissal to the Fair Work Commission, who decided in his favour, and his dismissal was judged unfair.”

Mead said in this case, staff were provided with unlimited alcohol through an ‘open bar’ at the function and a number of the alleged offences occurred at another venue after the function concluded. 

The commission found these factors were mitigating circumstances in the case against the employee and he was ordered to be reinstated.

While the decision is under appeal, the Ai Group said that businesses need to take precautions if they do not want to be caught in a similar situation.

According to WorkCover Queensland Industry Manager Melissa Steadman, many people forget that end-of-year parties are still work functions and, if the event is organised and paid for by the employer, the duty of care to workers remains the same as it would if they were at work.

“When it comes to work Christmas parties, employers need to make sure workers understand what behaviour and conduct is acceptable, and what the repercussions could be if misconduct occurs,” said Steadman.

Employers may be liable for the inappropriate behaviour of employees at work Christmas parties, including discrimination, workplace harassment/bullying or sexual harassment, and should therefore ensure staff are aware of harassment and discrimination policies and intervene if they witness any inappropriate behaviour.

After examining the Christmas party dismissal incident and similar cases, Ai Group identified what it considers the top five ways to address and plan for work party risks, including:

• Restrict the amount of alcohol served.
• Make sure non-alcoholic beverages are available.
• Keep to a set period of time for the event.
• Consider how employees will get home safely.
• Ensure that there is managerial supervision of the function, eg, allow the Christmas party to be an extension of a day’s work for managers.

“While Ai Group remains concerned that the commission’s decision in the case earlier this year unfairly limits the individual responsibility of employees, it is better to be safe, and we urge employers to balance the want to reward staff with the need to protect themselves and the welfare of their employees,” Mead said.

Image courtesy of SB under CC