As the holiday season fast approaches, workplaces are closing out the year with office parties. For employers and employees alike, it's a ritual that brings together colleagues to celebrate the year's achievements, reinforce values and, of course, have a good time.
This isn't your typical 'employment lawyer says: work parties are risky' article. We love our end of year office and team parties. We're sure you do too. As a means of bringing people together and relieving stress, end of year work parties play an important role in mitigating psychosocial hazards.
So... get out there. Enjoy the party! Have a great time. Have a few drinks, if that's your thing. Eat more canapes than you may otherwise.
But... and there was always going to be a 'but' – just do it safely. Alcohol consumption (and possibly excessive canape consumption) lowers inhibitions and increases the risk of inappropriate or unlawful behaviour, including sexual harassment and workplace aggression. Organisations engaging workers have legal duties to manage the risk of such psychosocial hazards in the workplace. Further, employers now have a positive duty under the Sex Discrimination Act 1984 (Cth) to take reasonable and proportionate measures to eliminate, as far as possible, sexual harassment and related sexual misconduct in the workplace. The workplace includes an end of year work party.
So, how can employers meet their legal duties while staff have a good time?
One simple step is to offer workers non or low-alcohol beverage options available on the tab. We continue to see a positive shift in attitudes and behaviours of our society towards alcohol consumption. In February 2023, 31 per cent of Australian consumers purchased non-alcoholic products (source), with ANZ's annual Food For Thought report predicting zero-alcohol beer sales in Australia to double in the next four years (source).
Other steps include providing an adequate amount of substantial food so people aren't drinking on an empty stomach; and, having a sober person in management or HR monitoring the party.
It is also important to make clear that the work event ends at a certain time and remind staff, before the event, that their behaviour at the event must be appropriate and in accordance with applicable company policies.
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.