Christmas Parties & Employer Obligations

​T’is the season to be jolly, or at least it nearly is and that means the annual Christmas parties are about to commence.  Before you dust off the tinsel and the dancing shoes, you need to go through our checklist below so you can be sure you don’t end up with any after party surprises that could cause more pain than your regular hangover.

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Just because you aren’t working, it doesn’t mean you aren’t responsible for the behaviour of your employees!  The Fair Work Commission says you are so let’s look at key actions you can take to keep your team safe and still have fun.
 
 Communication – set the tone 
Key to avoiding issues is ensuring all staff know that all workplace policies are still in place during the party.  This will set the expectation for behaviour before you even step into the party venue.  Key policies to consider include the following:

• Bullying and harassment – alcohol is known as truth juice for a reason.  A little too much and those underlying conflicts that were under control may suddenly show themselves in an inappropriate and potentially harmful manner.  A reminder that any conduct that constitutes bullying or harassment is not acceptable in the workplace and alcohol consumption will not provide a reason to excuse it at the party either.
• Sexual harassment – in 2019 it may seem outrageous that we need to remind anyone not to sexually harass anyone else but unfortunately, we do.  And it’s not just the vulgar conversations or the inappropriate touching that will cause trouble.  It’s the seemingly consensual hook up that goes awry that can land individuals in trouble. 
• Social media -  firstly you need to confirm that your bullying, harassment and discrimination policies all extend to the use of social media so that all your bases are covered.  Then make sure your team knows about your social media policy and that nothing untoward or inflammatory is posted.

 
When does it End?
Be really clear about the start and end time of your event and be really sure that your team know that the party is really over at the nominated time and any activity post that time will be not be endorsed by the employer.   We have seen far too many examples of injuries or disgraceful behaviour occurring after the party end time and the business deemed liable because the employer hadn’t been clear about when the work- related celebrations were being cut off and may still have been present and paying for drinks.  So, be really clear about the cut off time and if possible, move your people away from the venue so there is a delineation between the company sponsored event and personal choices to keep partying.
 
Get them home
We understand that not all businesses can afford a Christmas party as well as the cost of taxis to get everyone home safely.  So if you are supplying alcohol, choose a location that has easy access to public transport so your team have choices in how they can get home safely. 
 
Play Safely
Choose your Christmas event wisely because injuries can and will happen when you least expect it.  Slipping over while dancing, crashing in a go cart, falling off a horse, jumping off a river boat – alcohol doesn’t even have to be present for someone to hurt themselves.  You need to be aware that sometimes injuries sustained at these events will be covered by your worker’s compensation policy and there are a couple of tests that will be applied by the courts:

• Was the injury caused by undertaking an activity that the worker was induced or encouraged by the employer to undertake?
• Was the injury caused by being present at a place that the worked was induced or encourage to be present at by the employer.

Consider possible outcomes based on venue selection and determine whether or not the associated risks are worth it or whether you should consider an alternate option.  Don’t remove options such as go karting or skirmish though if that is what would suit your team – just make sure you choose a reputable venue and manage consumption of alcohol until AFTER the risky physical activity is complete!
 
Key considerations
Christmas can be the best time to enjoy a celebration of another big year with your team but it is also a time that can be fraught with issues as emotions are heightened as holidays draw near and alcohol is introduced into the mix.  Taking proactive steps to avoid trouble doesn’t make you a Grinch – it means you care about your team’s mental and physical safety and want to ensure they have a fun time at your event.  Key points to remember when you are getting ready to engage in the merrymaking:

• Clearly communicate company policies regarding behaviour prior to the event making sure they understand their obligations and responsibilities. 
• Managers all have obligations to continue being ‘managers’ at work functions so they should conduct themselves accordingly and take any behavioural issue seriously (and act – don’t ignore).
• There should be at least ONE nominated person who remains alcohol free to deal with any issues and this person’s name should be communicated so everyone knows who to see if they have an issue.
• Provide clarity around what time the event ends and any choices thereafter are not supported by the company.
• Check that the selected venue adheres to responsible service of alcohol rules and provide plenty of food.
• Understand that as the employer, you may be held accountable for injuries sustained at the function – this may involve worker’s compensation benefits or common law damages.
• You may need to manage and resolve poor behaviour that has been detrimental to other employees (sexual discrimination, bullying, harassment, assault).  It may seem extreme but we’ve seen it happen!
• Consider transportation options when selecting your venue, or provide vouchers or approval for reimbursement for taxis/Ubers so your team can get home safely.

 
It is possible to have a problem free Christmas party and we certainly hope yours is fun and incident free.  If you do need assistance in setting yourself up for success by having your policies up to date or how and what you communicate out to your team, contact the HR Staff n’ Stuff team.  In the event you do require support in managing a major issue that occurred as a result of the Christmas party, please contact us as soon as possible so we can help you have it resolved as a matter of urgency

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