A work Christmas party is a great way to show your appreciation to your employees for their hard work throughout the year and can have a positive impact on team culture.
Christmas functions are intended to be enjoyable, relaxed and fun-filled events. However, employers often report experiencing anxiety due to the risk of safety-related incidents (both at the event and after) and misconduct.
Work Christmas Parties are a WHS minefield, but with the right amount of knowledge and planning employers can mitigate risk to ensure the event is able to be enjoyed by all.
Duty of Care at the Work Christmas Function
Workplace health and safety (WHS) laws and anti-discrimination laws in Australia impose a duty of care on employers to ensure the health and safety of employees. This overarching duty extends to events where there is a clear connection to the workplace, i.e, the annual Christmas party.
At such events, employers have a duty to take all steps reasonably practicable to prevent the risk of injury. An employer’s duty is non-delegable. This means employers cannot delegate their responsibility to ensure a safe environment for their employees to external providers or venues.
An employer’s duty of care applies even after an employee leaves the event to return home. If an incident does occur at a work event, it’s not only the business potentially able to be held liable. Any individual who may be held reasonably responsible may be liable – including company directors and human resources.
All of this information may leave employers wanting to run under a rock and hide, however, implementing the following measures will help ensure you are minimising risk meeting your legal obligation to your employees:
Before The function
WHS Policies and Procedures
Check your WHS policies and procedures are up to date and cover employee behaviour at social functions. We recommend having the following policies in place:
- Drug and alcohol policy
- Equal opportunity policy (including sexual and racial harassment and discrimination)
- Bullying policy
- Social media policy
- Code of conduct
Provide copies of these documents to your employees in the lead-up to the function, along with refresher education on the behaviour that is expected of them.
In the days prior to the event, send electronic communication to your employees reminding them that Christmas parties are a workplace function and they must comply with the company’s policies and procedures.
Communicate clearly with your employees the time the party will end and stick to it. Discourage staff planning ‘after parties’, saying should they occur, your company isn’t the organiser and does not condone them.
Safe travel
Advise employees that they should make travel arrangements to ensure they arrive home safely at the end of the event, and that they should not drive if they have consumed alcohol over the legal limit, (consider arranging transport for your employees to-and-from the venue to mitigate risk).
Safe venue
Finally, complete a risk assessment of the venue where your Christmas party is being held. Ensure adequate safety and security measures are in place. Ensure the location is accessible for all attendees.
At The Event
Responsible Service of Alcohol (RSA)
Work Christmas parties are notorious for over-indulgence, particularly in relation to alcoholic beverages. Plan ahead to make sure there will be ample food available, (proportionate to the quantity of alcohol), and ensure food distributed regularly throughout the event.
Make sure alcohol is served by third party officers, (such as bartenders), who have their RSA. Avoid situations where employees are able to serve their own drinks. If you have employees who are less than 18 years of age, make sure your bartenders are aware of this and do not provide alcoholic beverages to them.
“Secret Santa” Gifting
If you are organising a Secret Santa for your workplace event, communicate ahead of time with your employees that gifts must be “G” rated.
Nominating Roles and Responsibilities
Ensure your management team are aware of their roles and responsibilities during the function. Nominate at least one person to supervise the party and manage any emerging incidents or issues that arise at the event. Those responsible should also have the means to ensure safe passage home to anyone suspected of being above or near the legal alcohol limit to drive or is otherwise impaired/‘tired and emotional’ (for whatever suspected reason).
COVID-19 Safety
Ensure your event meets any current state-based COVID-19 restrictions or recommendations.
After The Event
Most employers are lucky enough that enjoying a party together doesn’t involve stressful HR incidents, however, if you find your business with an incident, please reach out to us here at ProcessWorx for guidance.
If you need to deal with an incident or accident, (including complaints about unwanted photos or videos), or staff absenteeism, we recommend investigating and addressing the incident immediately – don’t wait until after the Christmas break.
When a complaint is made about inappropriate behaviour, we recommend taking the following steps:
- Respond immediately
- Provide counselling and support services to the employee making the complaint – either internally or via a third-party service
- Complete a full investigation of the matter, either internally or via a third-party investigation service
- Formally notify any employee who is subject to an allegation via written communication. Provide information about the nature of the allegations, and formally request the employee’s response.
- If necessary, suspend the accused employee until the formal investigation has concluded and an outcome has been decided.
- Provide clear and detailed documentation for each step of the investigation process.
Don’t Forget to Enjoy the Event!
There is a lot to consider when planning a Christmas function for your employees, but don’t forget the reason you’re doing it. The Christmas party is about celebrating the achievements of the year and enjoying time together as a team. Plan ahead so that you can take the time to relax and enjoy the event.
Talk to Us
If you have queries about anything above and want advice personalised to your business, contact us on (08) 9316 9896, or email enquiries@processworx.com.au
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