The Work Christmas Party – Fun or Frightening?

Watching your alcohol intake is a great first step...

“Wine-ing” Up to Wind Down….

We can confidently say that at one stage or another most of us have either witnessed, or been a party to, the drunken and silly behaviours of a friend, family member or work mate at parties and social gatherings. Unfortunately the impression and stories will last much longer than the fun and hysterics of the evening do and the event will often be retold later and a chuckle or two shared in reminiscing. Sadly though, when it comes to the work mates and the workplace, it’s not always a chuckle that is the lasting impression we wanted. Long after the recovery from the hangover, the repercussions will not always be laughable.

The “silly season” is gearing up with many corporate Christmas parties and functions. More than ever, it is important to remember that work functions are just that, work functions and as work functions the employer is responsible for what happens to employees (and other attendees) at work.

Employers can be held vicariously liable for the injuries sustained whilst at work functions, which is heightened when alcohol is served, regardless of how remote the connection may seem.

Recently, a Telstra employee was held to be unfairly dismissed after being terminated for sexual harassment during a Christmas party that ended in various sexual antics in a hotel room. Although the issue surrounded whether the behaviour was serious enough to warrant termination, it highlights the risk of such events occurring and the severe repercussions.

Tragedy occurred in 2005 when a man was left in hospital with severe burns after several employees were playing around with chemicals at a Christmas function. Under the Occupational Health & Safety Act 2004, both the employer and employees have a duty to act responsibly in the workplace, which does not necessarily cease at the end of a shift.

Employers should be aware of the risks associated with work functions and MUST take the following necessary precautions:

Implement, and educate their work force on a Responsible Consumption of Alcohol Policy;

• Run a refresher course on Sexual Harassment;
• Lead by example: ensure management set a good impression;
• Provide and encourage consumption of non-alcoholic beverages and in particular, water;
• Serve adequate food to soak up the booze;
• Give attendees appropriate transport options: having cab vouchers readily available will not only ensure there is no chance of drink driving, but will encourage the night to end then and there.

The warnings are clear and prominent, just as individuals are told to take responsibility for their own actions, employers must take reasonable steps to prevent employees engaging in inappropriate and unsafe behaviour or to be prepared for the consequences.  Christmas functions must be memorable for the happy occasion, not for the adverse incident!!!

Sorna Nachiappan

Sorna is a Senior Associate in our Employment & Industrial team, Adelaide office.

For further information on your rights and responsibilies in the workplace visit the Andersons Employment & Industrial Law website.

This information is not intended as legal advice and should not be substituted for legal advice.  The information contained in this article is current at the time of publication – November 2011