Work Hard, Party Wisely

How to minimise risk at workplace functions

As we move toward summer and the holiday season, many of us will be either hosting or attending some form of holiday work event.

Whilst this is usually a time for employees and employers to relax and celebrate outside of the workplace, there are risks involved in holding a work party that are often not considered.

Workplace and Work Functions

Under the Occupational Health and Safety Act (Vic), a workplace is defined as ‘a place, whether or not in a building or structure, where employees or self-employed persons work’.

The Act further provides that an employer must, so far as is reasonably practicable, provide and maintain for employees of the employer a working environment that is safe and without risks to health.

Hatzimanolis v ANI Corporation Ltd [1992] 173 CLR 473 established that if an employer organises, pays for, or otherwise encourages participation in an activity or social outing that occurs outside of typical work expectations, then it is considered to be an extension of the course of employment, and the employer assumes responsibility for the employee’s safety during same.

Employers can also be held variously liable for employee negligence or harassment during work functions and events whether it can be shown that there was a direct link between the conduct and the employment.

 An employer’s duty of care also extends to ensuring that employees get home safely from a work function or event, especially where there is alcohol involved.

Minimising the Risk

There are various ways that you can minimise the risk at work functions, whilst still ensuring that everyone has a good time.

1. Set clear expectations with employees
   • When inviting employees to a function, ensure that expectations are communicated.
   • Use this as an opportunity to remind employees of the code of conduct and other relevant workplace policies.
   • Consider implementing a function and event policy, if you don’t already have one in place.
2. Manage alcohol consumption
   • Ensure that the venue adheres to responsible service of alcohol (RSA) laws.
   • Provide substantial food and non-alcoholic drink options.  
   • If there is an open bar, make sure there are limitations surrounding the duration and how many drinks people may have.
3. Have a clear end time
   • List an official start and end time of the event.
   • List the physical boundaries of the event (such as a specific room in a venue).
   • Clarify that any informal afterparties or celebrations that occur outside of the time and location specified, are not encouraged or endorsed by the employer.
4. Arrange safe transport options
   • Organise a taxi pool, party bus or other group transportation.
   • Have the venue located close to public transport options.
   • Ensure that employees are not intending to drive whilst under the influence.
5. Swiftly deal with issues that arise
   • Enforce the work policies and expectations throughout the event.
   • Make sure any misconduct is dealt with promptly and appropriately, in line with workplace policy.
   • Ensure that the disciplinary action is just, appropriate, and is equal to what would have been considered if the incident took place within the office.
   • Offer employee assistance programs or other forms of assistance to those that are affected by the incident.
   • Update policies as required to minimise future risk.

By adopting these strategies, the risk and liability can be lessened. For example, in Comcare & PVYW [2013] HCA 41 it was held that injury would only be in the course of employment if the employees attended the place or engaged in the activity because of encouragement or inducement by the employer.

Next Steps

If you have an upcoming work event/function and are concerned about the risks, we can review or draft general OHS policies and/or event policies for you.

If a claim has arisen in regard to an incident occurring at a work event, our office can assist with ensuring that any allegations are dealt with appropriately.

If you would like our assistance or want to discuss your matter, please reach out to our team at Scanlan Carroll.