Employment Law – Christmas Party Behaviour
With the festive season upon us, a few timely reminders to avoid the celebratory hangover and deal with its effects should it arise. Although we wish all of our staff enjoy the end of year parties and behave themselves, alas this does not always occur.
Below we set out some of the key employment law matters an employer needs to bear in mind:
Do’s and Don’ts
- do ensure you have suitable workplace policies in place including drug & alcohol policies, bullying, harassment and discrimination policies, WHS policies, grievance procedures and any other relevant codes of conduct
- do remind and train staff including managers about your relevant workplace policies before the function and, for guidance purposes, give examples of behaviour that is and is not acceptable
- do empower relevant managers to act if they observe any improper conduct during the course of the function
- do check your insurance policies to ensure they cover the type of event being held
- do provide sufficient food (and non-alcoholic drink options) if alcohol is being served
- do make clear any post-event activities are solely on the employee’s time and not the employer’s and that the employer does not endorse any activities that occur after the official finishing time of the party
- do assist with organising appropriate travel home for those at risk (eg, those having consumed too much alcohol and where safety concerns arise for those travelling late at night especially solo)
- do properly and promptly investigate complaints of inappropriate behaviour if they arise
- do implement fair and consistent disciplinary measures if a complaint is upheld
- don’t engage in, encourage or condone irresponsible service of alcohol (if you have concerns, ensure that staff member is no longer served alcohol and assist with travel arrangements home)
- don’t dismiss complaints on the basis of “well that’s just how he/she is” or sweep them under the carpet hoping they will go away
The Sting
Although the party may be held off-site and/or under the control of a third party host an employer can nevertheless still be exposed to claims relating to, and the consequences of, inappropriate behaviour such as: [...]
