When festive fun turns to fire - ensuring a claim free festive season!

It is that time of year again, when employers reward their employees with an end of year function and invitees get excited about the upcoming workplace social events.? But what will be the cost of the festive fun to the employment relationship?

A few drinks can quickly turn into a serious legal handover for employers.? Before the big event, employers need to be proactive and take steps to ensure that they have the best protection against a potential employment law claim following a work related event.

Regardless of the time of day or location of the end, end of year celebrations are activities “undertaken in the course of employment”.? This means employers owe employees a duty of care even though the function is not occurring in the usual workplace.? Even though the function might occur out of hours or offsite, employers continue to be responsible for their employees, particularly in relation to workplace health and safety, discrimination, harassment and bullying.

Employers are also responsible for ensuring responsible consumption of alcohol by employees over 18 years of age and that any employees or other guests under 18 years of age do not consume alcohol.? Although function venues also have responsibilities regarding responsible service of alcohol and non-service of alcohol to minors, it may not be possible for staff at the function venue to identify minors.? Further, depending on the way the alcohol is served (such as bottles on the table, for example), it may be easily accessible to all attendees. Employers should make sure that employees and other guests who are under 18 are identified and made known to the function venue.? Although this may initially seem embarrassing to those involved, it is a necessary precaution and is in the best interests of the employer and the employee.

To ensure an enjoyable celebration and a fun and fire free festive season, employers should:

1. Tell employees the start and end time of the function and make it clear to the employees that the employer does not endorse any activities which go beyond the designated end time.
2. Remind employees of appropriate workplace behaviour. A workplace behaviour “refresher” session for all employees is both recommended and encouraged.
3. Ensure employees understand and accept the employer’s policies and procedures, particularly in relation to harassment, safety, social media and alcohol and drugs, and the consequences of breaching those policies and procedures.
4. Conduct a compulsory pre-function training session and record the names of the attendees. Any employees who are not able to attend the training session should be spoken to separately and prior to attending the function.
5. Have a system in place for identifying those employees and other guests at the function who are under 18 and ensure those employees and other guests are not served alcohol.
6. Control the service of alcohol at the function and ensure that sufficient amounts of food and non-alcoholic beverages are made available to all attendees.
7. Nominate a person to remain sober to oversee the function and address inappropriate behaviour promptly, such as by sending people home or closing the bar.
8. Provide safe transportation options to your employees and if necessary, provide them with taxi vouchers or arrange a mini-bus.

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This article originally appeared in the November 2023 edition of Retail Pharmacy magazine. Sarah Stoddart is the founder and director of Vitality Law Australia, an award winning commercial law firm servicing pharmacy businesses and healthcare professionals across Australia.? For further information, email [email protected] or visit www.vitalitylawaustralia.com