Christmas Parties
As Christmas approaches many businesses are planning staff functions. This is a great way to finish the work year and reward employees in an informal atmosphere. These functions may even include partners and clients.
However, it should be remembered that workplace laws such as WH&S, sexual harassment and discrimination laws still apply to these functions and employers need to be aware that they can be held liable for inappropriate behaviour and injuries that may occur during the festive season, even at venues outside of the workplace.
Every year tribunals are flooded with complaints of sexual harassment arising from work Christmas parties, and as the employer you must be able to show that you took all reasonable steps to prevent the harassment occurring.
Alcohol is often the problem and is credited as the main reason for undesirable behaviour at these functions. An employee who has had ‘one-too-many’ may make offensive comments, or sexually harass or bully another employee or guest, all of which may lead to a claim against the employer.
Another problem area that is often forgotten by employers is ‘Secret Santa’ gift giving. This is often a temptation for some staff to give gifts that are offensive or humiliating. And it is not just the recipient who could be offended or humiliated but anyone present at the time the gifts are handed out.
If your business participates in ‘Secret Santa’ you should issue guidelines on the types of gifts that are acceptable and those that are not.
In order to minimise the risks of a post-Christmas party complaint or litigation, employers should:
• make employees aware of the standard of behaviour required at work functions,
• ensure that the business has policies concerning workplace health and safety, discrimination/harassment and alcohol/drug usage,
• ensure employees are aware that they are expected to observe workplace policies not only in the workplace but also during social situations related to work,
• have refresher training sessions regarding discrimination and harassment (including sexual harassment) and workplace health and safety prior to the function for all employees, managers and officers of the company
• warn employees of the consequences of inappropriate behaviour,
• DO NOT hang mistletoe; this can lead to intimate contact that may not be welcomed by the receiver,
• set a dress standard for the function that keeps it professional,
• ensure that alcohol is served responsibly - a voucher system is a good way to limit alcohol consumption,
• appoint appropriate managers to stay sober and to oversee the function and to intervene in circumstances where employees have consumed too much alcohol or are behaving inappropriately, and
• make sure low-alcohol and non-alcoholic drinks are available.
And OH&S should not be forgotten. As the employer you should ensure that the venue is suitable for the party, and that any hazards are identified beforehand and dealt with accordingly.
• inspect the venue for possible hazards like slips and trips and make potential risk areas out of bounds,
• ensure that sufficient food is served throughout the course of the function. Be aware that buffets present a particularly high risk of food poisoning where food is left at room temperature for more than 90 minutes.
And in the office or workplace make sure your employees:
• use a ladder when putting up decorations, not a swivel chair or desk,
• don’t decorate emergency Exit signs,
• don’t hang tinsel on computers or other sources of heat,
• switch off tree lights when going home,
• move computers out of range of possible spillage,
• ensure that Christmas trees won’t topple over.
In an employment context, Christmas is no different to any other time of the year. This doesn’t mean Christmas functions cannot be fun, but employers need to ensure that everyone goes home safe and happy.