A reminder of potential issues arising from work functions

We're on a boat!

It is that time of year again. Client functions and staff Christmas parties are happening in offices, restaurants, pubs, function halls, marquees, zoos, on boats, at bowling greens and at some even more imaginative locations, all across the country.

This article provides a timely reminder of some of the issues that can arise as a result of these celebrations. Unfortunately, what is intended to be relatively significant investment to reward clients or staff and provide a positive experience can sometimes turn out to be dangerous, costly and counter-productive.

Obligations of employers

  • Staff at client functions and Christmas parties remain in the course of their employment. Workers compensation exposure will generally arise if they are injured during the evening. Workers compensation legislation is beneficial legislation and entitlements are provided on a 'no fault' basis
  • Your duty of care at common law to ensure the safety and wellbeing of your staff does not end with the crack of a twist top. Ensure that your chosen venue is safe and there are no reasonably foreseeable risks of injury arising from your party plans. Your hosts may well be concurrently liable if responsible for an injury. However, the duty of care of an employer is non-delegable, and your responsibility will likely also remain even when the host is at fault
  • Occupational Health and Safety obligations similarly apply, along with the risk of penalties in the instance of a breach
  • Employers are vicariously liable for the actions of their employees, including with regard to discrimination and harassment. Do not let policies in respect of same be ignored in the context of the party. Alcohol does not bring out the best in everyone
  • Be perceptive as to how you are being received. Be mindful of boundaries and relationships that exist during the working day, and do not disclose information, be over-familiar or imposing, or in other ways change the parameters of those
  • relationships in the context of the party.
  • These obligations can continue on into the night if the party moves to a pub or club, especially when management attends and the corporate card goes over the bar.

Pointers for employers

  • Enquire as to whether there has been a safety audit of the premises and as to any risk management policies
  • Review occupational health and safety and drug and alcohol policies andensure staff are aware of them
  • Provide adequate food with alcohol
  • Enquire as to dietary requirements, including allergies and moral / religious diets
  • Ensure adequate security is available, including as to the prospect of gatecrashers
  • Monitor the festivities and provide assistance to anyone who appears to be significantly affected by alcohol
  • Intervene immediately if an abuse of power or potential conflict situation arises
  • In the instance of illness or injury, call an ambulance immediately
  • Set a finish time for the event. Announce the conclusion of the evening at that time
  • Where viable provide the option of transport, such as a bus or cab charge vouchers.

And for employees...

  • Remember that this is not a night out with your mates from football or your friends from university
  • Eat when you drink, and remember to drink water
  • At client functions, remain dignified and in control, regardless of how much fun the clients seem to be having. This is not the night to achieve Youtube fame
  • At staff parties, choose a costume that leaves something to the imagination and avoid drunken career limiting moves.

Keeping all of the above in mind should assist in ensuring a successful event ahead of a merry Christmas and a happy new year!

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.