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That Work Christmas Party |
A CAUTIONARY STORY |
The Work Christmas Party The Christmas season is in full swing and with it brings an increase in the likelihood of a workplace claim arising from inappropriate workplace conduct such as harassment, sexual harassment, bullying, discrimination, workplace health and safety issues. The holiday season does not provide an excuse for inappropriate behaviour and employers are well advised to ensure that they are aware of their obligations to employees at any work functions - such as the office Christmas party. Who is Responsible? Employers have been found to be liable for an employee’s inappropriate conduct or statements that occur at work-related events; this includes both planned and unplanned events. Under anti-discrimination laws, an employer can be held vicariously liable for the actions of its employees in relation to harassment, sexual harassment or discrimination committed ‘in the course of employment’. Work Christmas parties are likely to be deemed to be employer-sponsored events that occur ‘in the course of employment’; this means that the employer is responsible for employee behaviour at the staff Christmas party. It is worth remembering that employers are responsible for the conduct of their employees at all work related events, both on-site and off-site in addition to unplanned and spontaneous events that may occur, for example, after a client meeting. Tips to help employers reduce risk. Because of the connection between the workplace and the event, policies relating to bullying, sexual harassment, discrimination, work health and safety still apply. Injuries suffered at the Christmas party or other workplace event can be the subject of a workers' compensation claim against the employer. Obligations to prevent sexual harassment or bullying also apply at the Christmas party and the responsible service of alcohol must be taken into account when managing these risks. What are reasonable steps? Possible ‘reasonable steps’ an employer could take to reduce risk include:
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