T’is the season to be jolly, or at least it nearly is and that means the annual Christmas parties are about to commence.  Before you dust off the tinsel and the dancing shoes, you need to go through our checklist below so you can be sure you don’t end up with any after party surprises that could cause more pain than your regular hangover.

Just because you and your team aren’t working, it doesn’t mean you aren’t responsible for the behaviour of your employees!  The Fair Work Commission says you are so let’s look at key actions you can take to keep your team safe and still have fun.

Communication – set the tone

Key to avoiding issues is ensuring all staff know that all workplace policies are still in place during the party.  This will set the expectation for behaviour before you even step into the party venue.  Key policies to consider include the following:

• Bullying and harassment – alcohol is known as truth juice for a reason.  A little too much and those underlying conflicts that were under control may suddenly show themselves in an inappropriate and potentially harmful manner.  A reminder that any conduct that constitutes bullying or harassment is not acceptable in the workplace, and alcohol consumption will not provide a reason to excuse it at the party either.
  
  
• Sexual harassment – it may seem outrageous that we need to remind anyone not to sexually harass anyone else but unfortunately, we do.  In 2023, new legislation came into play that places a positive duty on all employers regarding sexual harassment.  This means you have a requirement to tackle sexual harassment before it occurs.  Strong policies that are clearly communicated and made available to all employees are a good start.  Leading into a Christmas party, take the opportunity to reiterate your company policy and be sure everyone understands that inappropriate behaviour comes with significant consequences. 
  
  
• Social media - firstly you need to confirm that your bullying, harassment, and discrimination policies all extend to the use of social media so that all your bases are covered.  Then make sure your team knows about your social media policy and that nothing untoward or inflammatory is posted. You may think that you are working with responsible adults but there have been many instances of extremely damaging, poor, or vindictive behaviour playing out over social media during or after a Christmas party. 

When does it end?

Be very clear about the start and end time of your event and be sure that your team know that the party is over at the nominated time.  Clarify that any activity after that time will not be endorsed by the employer.  

We have seen far too many examples of injuries or disgraceful behaviour occurring after the party end time and the business deemed liable because the employer hadn’t been clear about when the work- related celebrations were being cut off.  Worse is when an end time that was communicated has come and gone but the employer is still present and paying for drinks. 

So, be crystal clear about the cut off time and if possible, move your people away from the venue so there is a delineation between the company sponsored event and personal choices to keep partying.

Get them home

We understand that not all businesses can afford a Christmas party as well as the cost of taxis to get everyone home safely.  If you are supplying alcohol, think about selecting a location that has easy access to public transport so your team have choices in how they can get home safely. 

Play safely!

Choose your Christmas event wisely because injuries can and will happen when you least expect it.  Slipping over while dancing, crashing in a go cart, falling off a horse, jumping off a river boat – alcohol doesn’t even have to be present for someone to hurt themselves.  You need to be aware that sometimes injuries sustained at these events will be covered by your worker’s compensation policy and there are a couple of tests that will be applied by the courts:

• Was the injury caused by undertaking an activity that the worker was induced or encouraged by the employer to undertake?
  
• Was the injury caused by being present at a place that the worked was induced or encourage to be present at by the employer.

Consider possible outcomes based on venue selection and determine whether the associated risks are worth it or whether you should consider an alternate option.  Don’t remove options such as go karting or skirmish though if that is what would suit your team – just make sure you choose a reputable venue and manage consumption of alcohol until AFTER the risky physical activity is complete!

Just in case…

One last point to add regarding end of year/Christmas parties….  It’s wise to appoint a manager or two to be the go to people should any issues occur.  You will need to communicate out to your team as to who these people are, they will need to remain relatively alcohol free and senior enough to provide direction in the event of an incident.  The people are not the ‘fun police’, rather they are there to help make your celebrations safe and fun for everyone.

More things to remember:

Shutdowns - If you haven’t already communicated about any Christmas/New Years shutdowns, you need to get a wriggle on.  Many industries have a four week minimum notification period, and we are right on the cusp of this now.  A reminder that you cannot force an employee to take a period of unpaid leave during an annual shutdown if the employee does not have enough accrued leave.  For more information, click here or contact the HR Staff n’ Stuff team for help on how to address this situation if it has come up with any of your employees.

Annual leave and staffing requirements - Whether or not you are having an enforced shutdown, there will be employees who wish to take other time in the December/January period.  You will need to look at how you are managing your leave approvals so that your business can still function effectively across this period.   Be clear as to how you will approve leave requests – it may be first come, first served or a fair rotation based on who had time off last year and who missed out.  Whatever you decide, communicate the process in advance to avoid confusion and to allow everyone the opportunity to have their leave requests submitted in a timely manner.

Key points

Christmas can be the best time to enjoy a celebration of another big year with your team, but it is also a time that can be fraught with issues as emotions are heightened as holidays draw near and alcohol is introduced into the mix.  Taking proactive steps to avoid trouble doesn’t make you a Grinch – it means you care about your team’s mental and physical safety and want to ensure they have a fun time at your event.  Key points to remember when you are getting ready to engage in the merrymaking:

• Clearly communicate company policies regarding behaviour prior to the event making sure they understand their obligations and responsibilities. 
  
• Provide clarity around what time the Christmas party ends, and any choices thereafter are not supported by the company.
  
• Check that the selected venue adheres to responsible service of alcohol rules and provide plenty of food.  Even if you are celebrating away from your workplace, OHS legislation is still in play.
• Understand that as the employer, you may be held accountable for injuries sustained at the function – this may involve worker’s compensation benefits or common law damages.
  
• You may need to manage and resolve poor behaviour that has been detrimental to other employees (sexual discrimination, bullying, harassment, assault).  It may seem extreme, but we’ve seen it happen!
  
• Consider transportation options when selecting your venue or provide vouchers or approval for reimbursement for taxis/Ubers so your team can get home safely.

It is possible to have a problem free Christmas party and we certainly hope yours is fun and incident free.  If you do need assistance in setting yourself up for success by having your policies up to date or how and what you communicate out to your team, contact the HR Staff n’ Stuff team.  In the event you do require support in managing a major issue that occurred because of the Christmas party, please contact us as soon as possible so we can help you have it resolved as a matter of urgency.