Deck the Halls and Know Your Rights

Employer Obligations at Christmas Parties

The work Christmas party is an Australian tradition.  More often than not, it is the biggest event on the social calendar at any given workplace.  For employers, it’s a way of thanking staff for their efforts over the year, while for employees, it is a chance to celebrate the end of the year with colleagues and have a drink on the boss.

While work Christmas parties provide a great opportunity to wind down and celebrate the end of year, every social work function exposes employers to potential risks, complaints, and serious claims. Unacceptable behaviour by staff – such as sexual harassment or confidentiality breaches – can not only ruin a social event but can have serious and costly consequences for employers lasting well into the new year and even beyond.  Heavy partying, especially where alcohol is involved, can also contribute to risky behaviour, leading to accidents and injury.

As work-related Christmas functions occur ‘in the course of employment’, an employer’s duty of care extends beyond social functions held in office which means employers have a duty of care to their staff during work Christmas functions, regardless of whether they are held at the workplace or an offsite venue.

Importantly, employers:

• can be held vicariously liable for unacceptable behaviour by staff that takes place at a work Christmas function.
• are responsible for ensuring that their staff are safe at a work Christmas function.

Prevention is the most effective tool in an employer’s toolkit when it comes to ensuring everyone stays safe.  Here are some practical steps:

• Communicate clear start and finishing times for the function to staff prior to the event. On the day of the event itself, have senior staff present at the venue to enforce the start and finishing times.
• Ensure staff are aware that the Christmas function is work-related, and that code of conduct provisions apply relating to their behaviour.
• Conduct venue inspections for potential hazards.
• Ensure responsible service of alcohol and provide non-alcoholic options.
• Consider safe travel options, by ensuring safe access to public transport or other transport options so that staff can get home safely.

What next?

Make this holiday season stress free by reaching out to us for support in understanding your obligations as an employer or assistance in conducting investigations into workplace conduct.

Wishing everyone a happy and safe Christmas from the team at Noble Shore.

We specialise in misconduct investigations, handling bullying & harassment investigations, fact-finding investigations and complaint assessments.