You did WHAT at the Christmas Party???

Christmas party season is upon us and there are a few things business owners and employees should be aware of before attending events. Issues that tend to arise on these occasions include workplace health and safety issues; bullying, sexual harassment and discrimination issues; and other liabilities as the intoxication levels increase and behavioural standards decrease. Failure to manage these risks could contravene WHS laws, discrimination law sand anti-bullying under the Fair Work Act, damage the culture of the workplace or even lead to a worker’s comp claim.

Given the venue of the work Christmas party can constitute a workplace, all of the companies policies around workplace bullying and harassment will apply even (and especially!) in this environment. So, if John from accounting has been annoying you the past month, the Christmas party after 5 espresso martinis and filled with Dutch Courage, is not the right avenue for addressing these issues with John.

For employers liable for employee’s health and safety in the ‘workplace’ including the Christmas party venue, the risk can be quite high as it is reasonably foreseeable that the effects of alcohol consumption, such as deteriorated decision making ability and lowered inhibitions, therefore consideration needs to be given to how to keep the employees safe. And not only at the Christmas party, but also on their way to, and home from, the party. 

So what can you do to mitigate risk and minimise issues? Perhaps you can have a team meeting on company policies before anyone is permitted to attend the Christmas party, so that everyone is aware of what is, and is NOT acceptable behaviour. Arrange for transport to and from the venue and perhaps book accommodation for those living a distance from the venue. Monitor alcohol intake and behaviour throughout the night and address any issues immediately, and be very clear on when the party starts and ends, so that it is not deemed that you’re liable for their drunken, disorderly behaviour at 4am, 5 venues and 31 drinks later, well after the actual work Christmas party ended.