The annual office Christmas party is an occasion to unwind, bond with colleagues, and reflect on the year’s accomplishments. However, as media reports frequently highlight, inappropriate behaviour at such gatherings often occurs. To ensure everyone’s well-being and to steer clear of potential pitfalls, both employers and employees must understand their rights and responsibilities.
Understanding the Legal Framework:
Despite being held off-site and perhaps outside regular working hours, workplace laws apply to office Christmas parties. Employers retain their duty of care towards employees during these events. Therefore, employers should proactively communicate acceptable behaviour, codes of conduct, workplace and social media policies, responsible alcohol consumption, and the prohibition of illicit substances. This communication should be in writing and provided prior to the event.
Employer’s Liability:
Employers can be held liable if they fail in their duty of care and an employee suffers harm due to a negligent act or omission. This extends to work functions and events. Critically, employers are vicariously responsible for an employees’ behaviour to another employee, as they have the right and duty to control them. Harm resulting from an employee’s inappropriate conduct, such as discrimination, harassment, or bullying, often exacerbated by excessive alcohol consumption, is a risk for employers.
Employee Behaviour and Misconduct:
Inappropriate behaviour by employees at office parties not only tarnishes their own reputation but also risks their job security. Employees can face formal disciplinary action or even dismissal for severe misconduct, including drunkenness, dishonesty, breach of confidence, sexualised behaviour or the use of offensive language.
Social Media:
Employees must adhere to their workplace’s social media policy, even during office parties. Posting inappropriate content can breach company policy, regardless of the party atmosphere. Other staff members privacy must also be considered. When in doubt, it is best to refrain from sharing content on social media.
Tips for a Successful Office Christmas Party:
Both employers and employees can contribute to a smooth and enjoyable event by following these guidelines:
Employers:
- Consider diverse employee needs and responsibilities when planning the event.
- Remind employees of workplace policies and codes of conduct.
- Ensure employees have access to and training in these policies.
- Set specific start and end times for the event.
- Provide ample food, non-alcoholic beverages, and water.
- Coordinate with the venue to enforce responsible alcohol service.
- Arrange safe transportation options for employees after the party. Even if not paid for, coordinate with staff.
Employees:
- Show respect for others’ opinions and beliefs.
- Familiarise yourself with company policies and codes of conduct.
- Consume alcohol responsibly and eat to slow its effects.
- Look out for the well-being of colleagues and guests.
- Avoid engaging in offensive or gossip-driven behaviour.
- Exercise caution on social media and prioritise personal safety.
- Maintain respect for the personal space of your colleagues at all times.
Conclusion:
Well planned office Christmas parties can boost morale and foster camaraderie. By adhering to these guidelines, both employers and employees can ensure a fun and inclusive celebration while safeguarding their personal and professional reputations, as well as avoiding potential legal issues. For further information or assistance, please contact Clayton Long clong@lswlawyers.com.au or Genevieve Hehir ghehir@lswlawyers.com.au.
Important Disclaimer: The content of this article is general in nature and for reference purposes only. It does not constitute legal advice and should not be relied upon as such. Legal advice about your specific circumstances should always be obtained before taking any action based on this publication
