Don’t let your end of year celebrations snowball into misconduct. Keep the balance of professionalism and sensibility during your end of year celebrations.
As the festive season approaches, many organisations and businesses are preparing for their end of year celebrations and festive season parties. While this is undoubtedly a time to celebrate the ‘wins’ of the year, individual and collective achievements, and also unwind and ‘let your hair down’, employers need to be mindful of the ongoing challenges and risks these parties present. Employers must be vigilant in both anticipating and mitigating against those challenges, and reminding employees of their ongoing obligations to ensure a safe and disaster-free celebration.
Key risks to be aware of, and mitigate against
Employers should be particularly mindful of issues relating to conduct, harassment, and safety when it comes to end of year celebrations. Often, these celebrations involve the presence of alcohol that may not otherwise be permitted in the work environment. This informal environment presents a sense of relaxation which is much needed, but may also mean employees let their guard down and engage in conduct that they would not normally engage in at the office or in a work or professional setting. While these moments can often be embarrassing, there can also be legal consequences.
The circumstances in which “out of hours” misconduct may constitute a valid reason for dismissal were set out in Rose v Telstra. This includes:
- conduct that is likely to cause serious damage to the relationship between the employer and employee;
- conduct that damages the employer’s interests; and
- conduct that is incompatible with the employee’s duties.
Some of the key risks that employers should be thinking about include:
- Alcohol: Alcohol is commonly permitted to be consumed at end of year parties and other work-related functions. A small amount of alcohol can help conversation flow, and relaxes everyone’s moods.. However, intoxication can lead to poor decision-making and the risk of inappropriate behaviour. This may include offensive comments, inappropriate physical contact, and workplace harassment. Banning all alcohol may not be the solution, but employers should remind employees to drink responsibly, know their limits, and that end of year parties (and even after-parties or kick-ons) are still subject to workplace policies on acceptable behaviour and Occupational Health and Safety (OHS) obligations. Further, it should be clear in any applicable policies (and even communications to employees about the event) that disciplinary action may be taken where behaviour falls short of the expectations set out by an employer.
- Harassment and discrimination: The casual environment of parties can often blur the lines of professional conduct and communication. Jokes, comments, and behaviour that may seem harmless in the moment, can still be interpreted as harassment, discrimination, and bullying.
- Employee safety: Even where parties and functions are hosted off-site, employers must be mindful of employees’ safety and take reasonable steps to identify, assess and control OHS risks. Driving under the influence of alcohol or accidents caused by employees leaving the event after consuming alcohol can expose employers to liability if they have not taken the proper steps to ensure safe transportation or have not enforced policies related to impaired driving. Likewise, where alcohol is involved, spillages and breakages are more likely to occur, leading to slips and cuts. As these parties and functions are still part of the work environment, employees may also be eligible to make a worker’s compensation claim where they suffer an injury while at one.
- Damage to reputation: A work holiday party, if not handled properly, can result in negative publicity. In the age of social media, a single inappropriate action or controversial comment can quickly spread, damaging the organisation’s reputation and potentially leading to long-term consequences, particularly where the incident is not managed appropriately by the employer or ‘swept under the rug’.
What employers can do to discharge their obligations and mitigate against the risks posed by Christmas parties
To ensure end of year parties and functions remain celebratory events, and minimise the risk of misconduct, here are a few tips to manage your events responsibly:
- Remind employees of workplace policies prior to the party: it’s important to remind employees that workplace codes of conduct and policies regarding harassment, alcohol consumption, and general behavior still apply during the holiday event (and even to after-parties). Make it clear that inappropriate behavior, even in a social setting, will not be tolerated and breaches or unacceptable behaviour may lead to disciplinary action.
- Set clear expectations: communicate the expectations for behaviour at the event. Employers should outline what constitutes appropriate behavior and provide examples of actions that could lead to disciplinary measures (real life cases always help). This includes the consumption of alcohol in moderation, respectful interactions with colleagues, and avoiding behaviors that could be construed as harassment or discrimination.
- Control alcohol consumption: To avoid excessive drinking, employers should consider offering drink tickets, limiting the number of alcoholic beverages per person, or offering a selection of non-alcoholic options. Encouraging moderation helps to maintain a respectful and safe atmosphere.
- Beware of social media: It may be a good idea to direct employees not to post photos from the event on social media during the function. Often, an impromptu snap posted in real time can later lead to reputational damage for the employer, and also sexual harassment claims. Encourage employees to seek consent from others in the picture before posting, and query the appropriateness of certain photos.
- Provide safe transportation options: If alcohol will be served at the party, employers should ensure that employees have access to safe transportation options. This can include arranging for taxis or rideshare services, offering designated drivers, or even providing accommodation for employees who may be too intoxicated to drive home.
- Lead by example: Leaders and managers should set the tone by modeling the behaviour they expect from others. By demonstrating professionalism and respect, they help to reinforce a positive atmosphere and set expectations for the rest of the team.
- Review your insurance policies: Employers should review their insurance coverage to ensure they are adequately protected against potential liabilities related to the event. This may include reviewing alcohol liability coverage, worker’s compensation policies, and ensuring that any incidents that occur during the event are covered.
- Manage incidents quickly and sensitively: If in the unfortunate, but not uncommon, event that something does go wrong, employers should treat any complaints raised seriously and confidentially, and follow its processes and procedures around investigating and resolving the complaint.
How we can help
Our Workplace Relations team are here to specialist advice and assistance to set up best practice policy and procedure frameworks as a proactive approach to holding and managing work-related functions, and help employers deal with incidents after they occur.
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Disclaimer: This article provides general information only and is not intended to constitute legal advice. You should seek legal advice regarding the application of the law to you or your organisation.