Managing Risks and Responsibilities as an Employer
With the end of year festivities well upon us, many employers will be hosting celebrations with their employees. However, this time of year serves as a timely reminder to employers that poor management and planning can make end of year celebrations (and their aftermath) a very sobering encounter.
In this article, we set out tips for employers on how to minimize the risks of end-of-year events and help ensure a safe and memorable celebration for all.
Employer responsibilities and minimising risk
Employers owe an overarching duty to take all reasonably practicable steps to prevent the risk of injury in the workplace.
It is well accepted by the Courts that any event arranged by the employer for its staff will be considered part of the ‘workplace’. This means that an employer will be liable for any inappropriate or unlawful behaviour that occurs, if they have not taken all reasonable steps to prevent such conduct. This responsibility may also extend to events occurring at unofficial after-parties.
End of year celebrations can be a great time for team bonding and morale boosting. Unfortunately, at times, a celebratory environment can lead to poor decision making, inappropriate conduct or employee injuries. This may put employers at risk of legal claims, such as, claims relating to sexual harassment, bullying, discrimination or workplace injuries.
Some practical steps that employers can take to provide a safe celebratory environment include:
- Develop and implement policies around appropriate workplace behaviour and refresh the expectations with employees about what is considered acceptable behaviour and conduct before the Christmas party or end of year event.
- Limit the amount of alcohol supplied at the event and ensure food is provided especially in circumstances where alcohol is being served.
- Opt for an option where alcohol is being served by venue staff as opposed to employees self-serving their own drinks.
- Set clear start and finish times for the event.
- Consider whether employees are able to leave the venue and go home safely. In addition, employers may consider providing taxi vouchers, private transport or travel reimbursements to facilitate staff getting home safely.
What happens if inappropriate behaviour does occur at an end of year celebration?
If a complaint arises about behaviour at the end-of-year event, employers need to make sure that the complaint is dealt with promptly and that it is investigated if required.
Employers may wish to consider taking the following steps:
- Offer counselling or support services to any affected employee.
- Consider whether any interim action is appropriate while all the facts are being gathered (for example, this could include suspending an employee who is alleged to have acted inappropriately or making any other change to their working arrangements).
- Communicate effectively with the parties involved and ensure fair and equal treatment.
- Conduct a timely and thorough investigation into the alleged incident (or engage an external investigator to provide this service for you).
- Consider whether the venue where the alleged incident occurred has CCTV footage and make a request for a copy as soon as possible because CCTV is often overwritten within a short timeframe.
- Seek legal advice if dismissal is being considered.
Key Takeaways
Whilst end of year celebrations are a great opportunity to celebrate the year’s achievements with employees, there can be significant repercussions should something go wrong. For an end of year party without the ‘hangover’ employers should take active steps to make sure that employees can celebrate safely and without risk of being subjected to inappropriate conduct.
If any further information in relation to any aspect of this article or for specialised employment law advice, contact Workdynamic at https://workdynamic.com.au/contact
Disclaimer: The information in this article is of a general nature and is not intended to address the circumstances of any particular individual or entity. The information in this article does not constitute legal advice and should not be relied upon as such. You should obtain specific advice relevant to your circumstances.