Sisters In Law: Can employers be held responsible for bad work Christmas party behaviour?

A senior staff member hitting on a much younger employee and broken ankles have one employer worried about this year’s festivities.

Welcome to Sisters In Law, news.com.au’s weekly column solving all of your legal problems. This week, our resident lawyers and real-life sisters Alison and Jillian Barrett from Maurice Blackburn advise about what employers can be responsible for at the work Christmas party.

Question:

I run a small company with 15 staff and I dread the work Christmas party more and more each year.

The staff always expect free drinks somewhere fancy and their expectations only get bigger. But each year there is also a big fallout afterwards – one year a very successful senior member of staff propositioned someone much younger while drunk and I had to quietly let them go. Another year, our office assistant broke her ankle while intoxicated and was out of action for months.

To me, the work Christmas party is more trouble than it’s worth. What is my responsibility when things happen at a work event but after I’ve left for the evening?

In both these instances it was well gone midnight and the free bar tab had already dried up – Stace, WA

Is there any event of the year more likely to end in heartbreak? Or a broken ankle? Or both? Picture: iStock

Answer:

The workplace Christmas party is an opportunity for all staff to let their hair down and celebrate the end of what has usually been a year of hard work.

Unfortunately, things can get out of control and you’re right to question what your responsibilities are as an employer.

You have a duty of care to your employees to ensure their safety. You can do this by:

1. Reminding staff (in advance of the party) about what is considered acceptable behaviour and conduct

2. Circulating any relevant organisational policies and procedures, such as those around sexual harassment, bullying and the use of social media

3. Ensuring alcohol is served responsibly, and there is food, as well as non-alcoholic drinks available

4. Setting clear start and finish times for the party

5. Making sure that employees have a way to get home safely

Taxi! You should consider providing cab vouchers, private transport or a travel reimbursement for staff to get home safely. Picture: iStock

It sounds like your work party happens at night. In that case, if there are no safe and easy public transport options available for your employees at the end of the night, then you should consider providing taxi vouchers, private transport or a travel reimbursement for them to get home safely.

You can place restrictions on this transport home, for example, by specifying that it is only to be used for transport from the venue (but allowing for a reasonable time period after the end of the party in case there is a long taxi queue).

If your employees “kick on” after the party when it is not encouraged by you, as their employer, they will generally do so at their own risk (as long as you have provided food, served alcohol responsibly and set a finish time for the work event).

Under the law, a work party is considered to be part of the workplace and all staff can be expected to behave as they would at work – even if it is held away from the usual place of work or outside normal hours of work.

Expected workplace behaviour extends to the office Christmas party. Picture: iStock

Unfortunately, workplace parties and events are notorious for facilitating unwanted sexual attention, even though sexual harassment laws apply to behaviour at a work party, just as they would in the workplace.

If there is inappropriate behaviour at the work party, you can still discipline or potentially dismiss a worker. It sounds like you did this when your senior member of staff propositioned another employee.

If someone is injured at the staff party or injured on their way to or from the function, they may also be eligible to apply for workers’ compensation.

Your office assistant may have been entitled to workers’ compensation for her broken ankle.

If someone is injured at the party or injured on their way to or from the function, they may be eligible for workers’ compensation. Picture: iStock

By doing some planning, and educating your employees about their responsibilities, you can all have a good night and reduce the risk of unintended consequences.

This legal information is general in nature and should not be regarded as specific legal advice or relied upon. Persons requiring particular legal advice should consult a solicitor.

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