Don’t let your office Christmas party be a source of headache and liability, rather than the festive fun event it should be. We have put together some tips to help you protect your business and you as an employer during the festive celebrations.
1. Set and Communicate Acceptable Behaviour
Make sure employees are aware of what is and is not acceptable behaviour. Identify boundaries, clarify expectations and ensure appropriate company policies are in place relating to matters such as bullying, harassment and discrimination.
The office Christmas party is an extension of an employee’s employment and the workplace and should be approached with the respect it deserves.
2. Choose the Venue Wisely
Before confirming the party details, make sure the venue is appropriate and most of all, safe. Your workplace health and safety obligations don’t end because it is the Christmas Party or you are at a venue outside the usual workplace.
Consider whether there are any particular risks associated with the venue, and consider how you can manage those before, during and after the function.
3. Plan, Plan and Plan
Planning is an important part of any event. Clearly identify the start and finish times for the party.
Ask if the venue enforces responsible service of alcohol measures (RSA)? If you have attendees under 18 years of age, will the venue staff ensure they don’t consume alcohol and how will they do that?
Communicating to the venue staff clear limits on alcohol consumption is an important part of your responsibility as the event organiser. Ideally, don’t have a situation where employees can help themselves to alcoholic drinks. Even with the best of intentions things soon will get out of hand.
Ensuring the venue will also provide sufficient water, non-alcoholic beverages and food and in quantities suitable given the size and length of your event is an important part of the planning function.
4. Respect Individual Choices
As an employer it is important that you and other employees respect individual employees choices around alcohol and food consumption, as well as whether their religion or culture recognises Christmas and the festive celebrations which have become common place this time of year.
Peer pressure and exclusion can lead to unwanted HR issues. So too can an ill-thought out ‘Secret Santa’ gifts, harmless ‘jokes’ or comments about a persons religion or cultural traditions.
5. Supervision is Important
As an employer you may be held vicariously liable for your employees actions. You should nominate a manager or senior employee as being ‘in charge’ to oversee the event, and to step in where warranted. Business owners and senior employees should be conscious to set an example for more junior staff.
Wishing the employees well and safe passage home at a pre-determined ‘end time’ is one way to signal the work party is over. It is recommended that you provide details of transport options to and from the venue. You may also have pre-paid taxi vouchers to ensure safe passage home of employees who appear overly intoxicated or vulnerable.
6. Follow Complaint Procedures
Should a complaint about an employee’s conduct be made at or following the party, you need to deal with it in accordance with your established complaint and disciplinary procedures. Often conduct that occurs at party time falls into a grey zone and you should be careful not to act without proper consideration of the circumstances.
It is not appropriate to make a rash decision at the time of the complaint or without an appropriate investigation. You must still give the alleged wrongdoer the opportunity to respond to the complaint and afford the usual procedural fairness required in employment disciplinary situations.
7. Social Media Policies
Given the temptation for employees to post photographs and comments on social media before, during or after the party, it is important to remind them that company policies apply even at or in relation to work social events.
Not only might inappropriate conduct towards other employees or party goers give rise to company liability, the possibility of damage to your company’s reputation or brand image through images, comments and other unsavoury posts being distributed via social media and electronic sharing is heightened.
A clear social media policy that is consistently applied is critical. Although it may seem harsh, an option may be to prohibit any posts relating to the party, other than those posted by you as the employer.
So, as the office Christmas party draws near:
- Consider it an extension of your workplace whether held off-site or at your premises; and
- Take actions that demonstrate your commitment as an employer to compliance with legal boundaries and obligations.
In the unfortunate event it is required, be able to show that you provided a safe ‘work party’ environment and that you took steps to minimise the likelihood of injury to attendees and to reduce the risk of inappropriate conduct, harassment, discrimination and other offensive actions.
What Next?
We know that work Christmas parties are an important part of our culture, and so they should be! It’s a way for employers to reward employees and to come together to toast a successful year. Taking the few simple measures discussed can ensure the right balance – a fun celebration for you and your staff, and importantly no legal hangover!
Robinson Nielsen Legal has a wealth of experience in employment and liability matters. If you’d like our assistance, contact our office today on (07) 3036 0649 for a confidential discussion and to learn how we can help.
This publication is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Readers should take legal advice before applying the information contained in this update to specific issues or transactions. For more information or specific advice on your circumstances please contact tracey@robinsonnielsen.com.au.
