The festive season is a great opportunity to celebrate, but it’s important to be mindful of employer obligations at Christmas parties, particularly given that work Christmas party locations can be considered part of the workplace under the Fair Work Act 2009 (Cth). This means employer obligations may apply, even if the event is off-site or outside normal hours. Additionally, an employer’s duty of care under State Workplace Health and Safety legislation to ensure ‘so far as reasonably practicable the health and safety’ of their workers, extends to official work Christmas parties. Therefore, there are a few key points for employers to keep in mind ahead of the festive season kicking into full swing:
- Employers may be held vicariously liable for harassment or discrimination at work functions unless they took “all reasonable steps” to prevent offending conduct. Circulate your code of conduct and sexual harassment policy before the event and set clear behavioural expectations.
- The Sex Discrimination Act 1984 (Cth) imposes a positive duty on employers to eliminate sexual harassment and discrimination, not just respond after the fact. Be sure to reiterate to your employees that it is a work event, and they must still comply with your workplace’s policies, especially those relating to prevention of harassment and bullying.
- Avoid religiously themed decorations and make attendance voluntary to prevent indirect discrimination against employees who do not celebrate Christmas.
- Excessive drinking can lead to misconduct and potential safety risks. Provide food, limit alcohol, and arrange safe transport options.
A simple pre-event email outlining expectations and reminding staff of your relevant policies can significantly reduce risk to ensure everyone has a great experience.
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