The Christmas party problem – what to do to protect your staff and your business

2020 has been a long year, with more challenges than most businesses had ever thought possible. It has been tough on many fronts, but whether it be a Christmas in July celebration or starting to plan for the December party, a word of warning; work Christmas parties can leave you with a nasty legal hangover. Here’s some matters for you to consider so you will be well organised when the party happens.

Regardless of where they are held, Christmas parties are likely to constitute a 'workplace'. As an employer, you have a duty of care to your employees. The Fair Work Commission (FWC) are increasingly taking a hard-line approach towards behaviour at workplace Christmas parties. The message is clear; times up and there's no excuses. As an employer, you need to take the steps to ensure the health, safety and welfare of your employees.

In the case of Carme¬lo Sapien¬za v Cash in Tran¬sit Pty Ltd T/A Secure Cash, the FWC held Mr Sapienza’s termination of employment for inappropriate conduct was not harsh, unjust or unreasonable, despite him not being afforded the opportunity to respond to the reasons for termination. His conduct included asking young female employees of a client for ‘cheeky kisses’ and asking when they will leave their boyfriends and run away with him.

Some tips for businesses leading into the silly season:

1. Get your policies in place and up to date — one of the easiest ways to abide by your obligations as an employer is to ensure you have adequate workplace policies in place and up to date. Such policies should include or cover anti-discrimination, workplace bullying policies, sexual harassment and social media policies.
2. Send out a reminder — it’s the corporate cliché, but it is done for a reason. Ensure employees are up to date by sending out a reminder email before the Christmas party, referring employees back to their obligations under your policies.
3. Have a clear process if a complaint is made — you should ensure you have a process in place if a complaint is made. Manage all complaints and conduct investigations promptly.
4. Know the law before you take action — follow the correct procedure when issuing formal warnings or summarily terminating employees.

Remaining of top of employer obligations while ensuring staff have an enjoyable Christmas party can be a balancing act. Our business lawyers are here to help you. Contact Siobhan Liston on 03 5445 1067 or Lachlan Edwards on 0427 916 442.