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Silly season guide for employers: How to plan for a work Christmas party and minimise the risks

The silly season is fast approaching and it is time for a reminder to employers about the risks associated with end of year functions, events and part
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Silly season guide for employers: How to plan for a work Christmas party and minimise the risks

Silly season guide for employers: How to plan for a work Christmas party and minimise the risks

26 October 2016

This article was originally featured on SmartCompany. http://www.smartcompany.com.au/people-human-resources/77341-silly-season-guide-for-employers-how-to-plan-for-a-work-christmas-party-and-minimise-the-risks/

The silly season is fast approaching and it is time for a reminder to employers about the risks associated with end of year functions, events and parties.



Here are some tips on how to minimise the risks before, during and after the event.

Before the event

Reminders about expected standards of conduct


All employees should be reminded in advance (in a meeting or by distributing a memo) that the event is a work function and that the same standards of behaviour expected in the workplace will be expected at the function. In particular, remind employees that sexual harassment and breaches of work health and safety obligations will not tolerated.

Employees should also be reminded to dress appropriately. For example, costumes at a fancy dress party should not be offensive or inappropriate.

Decisions to include physical activities should be carefully considered given the workers compensation liability for injuries in this environment; if included, employees should be required to wear appropriate attire (including footwear) for the activity.

In the lead up to silly season, refresher training on any relevant code of conduct or other policy like work health and safety, social media, drugs and alcohol, anti-discrimination, anti-sexual harassment or anti-bullying is never a bad idea. Employees should be reminded of the potential disciplinary consequences if an employee’s conduct does not live up to the expected standards.

Planning food and alcohol


If delegated to employees, planning the event should always be overseen and approved by a senior manager.

Plenty of food should be planned as one way of managing excessive alcohol consumption. The food should be hearty and substantial, such as hot finger food or full meals.

Of course, proper arrangements must be in place for keeping food at the right temperature or covering food where appropriate.

Employers should cater for employees with food allergies, intolerances and dietary restrictions as the result of their personal or religious beliefs – a sausage sizzle is not for everyone. Food designated for those with allergies, intolerances or dietary restrictions should be clearly labelled.

Plan a drinks menu that includes alcoholic, low-alcohol and non-alcoholic drinks. Make sure that drinking water is also readily available.

To impose a limit on the amount of alcohol available to each employee, employers might consider a personalised drink voucher system.

Employees should be reminded to respect their colleagues’ decision not to drink if that is the case and should not pressure them into drinking.

Start and finish times


When sending out an invitation and any follow-up information about the event, employers should be very clear about the start time, finish time and location.

A strict cut-off time should apply to the service of alcohol and if possible, employees should be directed to leave the venue at the finish time.

Employees who wish to continue on to another venue should be clearly advised that from the time the official work function ends, they will be responsible for their own actions.


During the event

Service of alcohol


Employers are expected to exercise some control over the way alcohol is consumed by employees. This really means that “self service” is a thoroughly bad idea and someone must be supervising access to and consumption of alcoholic drinks.

Responsible service of alcohol is a lot easier to manage when service is provided by professional bar staff, trained in the responsible service of alcohol. This will reduce the amount of over indulgence and help to eliminate any situation where a fellow employee has to deal with the difficult situation of refusing to provide a drink to a colleague or their boss.

Under no circumstance should employees under 18 years of age be served alcohol.

Venue


The venue of the event is an important consideration. It should be somewhere safe that will not place the health and safety of employees at risk – even at work functions, employers have a duty to provide a safe environment.

Employers should also consider the implications of sharing a venue with other companies. Sharing a venue may reduce costs but employees from another organisation can introduce an unknown and uncontrollable element.

For example, in Packer v Tall Ships Sailing Cruises P/L & Anor [2014] QSC 212, two separate companies had their Christmas functions on the same boat. One company’s event was a family event but the other was not. When the second group became rowdy, an employee from the family event approached members of the rowdy event to ask them to stop swearing in front of their children. That employee was king-hit in the back of the head by a guest from the other party and suffered serious injuries as a result.

While the court found that the employer was not liable for the employee’s injuries, it did find that the employer owed a duty of care in those circumstances and the injuries sustained by the employee were a tragic occurrence at the Christmas function.

“Secret Santa” and gift giving


Employers should remind employees engaged in gift exchanges that gifts should be appropriate and not offensive or capable of being misunderstood.

In 2014, the story of a 2012 Secret Santa gone wrong was widely reported when the gift exchange resulted in an Australian Public Service employee accepting a voluntary redundancy to escape the work environment. The employee was anonymously given a novelty reindeer that dispensed chocolate from its rear as a Secret Santa gift. Attached to the gift was a note that implied that the recipient’s work was poo. The identity of the gift giver was never definitively established and so the employee was never able to address the comment on his work performance directly with that person. As a result, the employee felt his working environment became untenable and when the opportunity to leave presented itself, he took advantage of it.

After the party

Transportation


Employers should ensure that employees get home safely. This may involve organising a private bus or issuing CabCharge vouchers for employees who live long distances from the event venue.

Employers should also ensure that employees who have been issued with a company vehicle do not drive the vehicle home if they have been drinking at the event. This direction to employees should be issued in a memo and distributed before the event.

Other considerations


As mentioned earlier, employers should make it clear to all employees that any festivities that continue after the Christmas party or other end of year events are not endorsed by the employer and are on the employees’ own time.

For employees who do elect to gather elsewhere, managers should avoid attending and should certainly avoid “shouting” to ensure the after-party is not considered to be a work sponsored event.

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