Staff Christmas Parties – The Do’s and the Don’ts

BY OWEN WEBB & SARAH LEGOE

Christmas parties provide employers with an opportunity to thank employees for their contribution to the business across the year. However, poorly managed Christmas functions come with a number of risks.

A staff function set by the employer will more than likely be considered to be a work related event, and therefore comes with a number of potential risks, including but not limited to claims of sexual harassment, discrimination or for a work related injury. With the introduction of the positive duty in the Sex Discrimination Act 1984 (Cth) and considerations of psychosocial hazards in the Work Health and Safety Regulations 2012 (SA), ensuring staff events are properly managed, is more important than ever.

Members planning on holding a Christmas function for their employees should be mindful of the following do's and don’ts. This is not an exhaustive list and is provided as a guide only.

What To Do

• Plan ahead

• Remind staff that as the party is a work event all hotel policies and procedures will apply during the function and that disciplinary action may be taken for any breach that may occur

• Set clear start and finish times

• Make it clear to employees that should they continue on after the event, that they do so at their own expense and risk

• Avoid the use of a work related credit card or reimbursement process for any drinks or food purchased after the end of the event

• If alcohol will be consumed

  • ensure food is available

  • make available a choice of non-alcoholic beverages

  • provide transport home at the conclusion of the event (ie cab charges, arrange shuttle bus, reimbursement of Uber trips)

• Set guidelines for Kris Kringle or similar (if applicable) - gifts should not offend or discriminate the recipient or other staff

• In the event an issue is raised after the function ensure that it is investigated in a timely manner as per any other workplace complaint

What Not To Do

• Encourage rapid or excessive drinking

• Fail to plan

• Think employees are responsible for their own behaviour

• Think that it is the host venues responsibility alone to monitor staff behaviour and alcohol consumption. Employers must ensure staff safety and compliance with policies and procedures during the function.

The above is not intended to discourage the holding of Christmas events and parties. Rather it is offered as a reminder as to what Members should do in order to ensure the function is successful and trouble free.

Members should contact Owen, Sarah or Didier for further advice and information if necessary.