How to Handle the Company Christmas Party

Festive season functions are great for team-building and rewarding staff. However, when staff let their hair down in the spirit of the season - especially when alcohol is added to the mix, anything can happen - and unfortunately sometimes does!

Harassment

Employers can be liable for inappropriate statements and conduct that occurs at work-related Christmas celebrations. Such conduct can amount to sexual harassment or other forms of harassment (such as racial harassment). Particular danger areas include ‘Kris Kringle’ gift giving, joke staff ‘awards’, and skits/performances that may offend certain groups.

Occupation Health & Safety

Employers also have responsibilities to ensure the safety of all employees at work-related Christmas functions by taking steps to prevent inappropriate conduct, including:

• ensuring responsible service and consumption of alcohol together with appropriate quantities of food and non-alcoholic beverages;
• having a code of conduct and drug and alcohol policy in place prior to Christmas functions and reminding employees of those policies before the function;
• training employees and managers in relation to the standard of conduct required at work functions;
• making appropriate transport arrangements if alcoholic beverages are served;
• having appropriate monitoring and supervision at the party;
• having a complaints process;
• taking appropriate and timely action if issues arise.

These steps promote compliance with OH&S obligations and can help to minimise workers compensation claims, breach of OH&S obligations, and other legal claims such as sexual harassment.
 
It is also important to have clear policies and procedures governing the conduct, behaviour and expectations of employees at Christmas functions to enable the employer to take disciplinary action against non-complying employees in appropriate cases.

For the above reasons it is important for employers to prepare for Christmas functions because it is easier to take appropriate steps before the function to avoid Christmas party fiascos than having to deal with any aftermath.

NOTE:  This is for information purposes only.  It does not purport to be comprehensive or to render legal advice.