HR to Go Podcast: Santa's HR Workshop: Navigating Workplace Christmas Celebrations

Welcome to HR to Go by Effective Workplace Solutions. In this episode of HR to Go, we’ll be chatting about workplace Christmas celebrations.

With the holiday season fast approaching, I imagine many of you are starting to think about your workplace Christmas celebrations. In today’s episode, I want to talk about planning festive events from a human resources perspective, highlighting the potential risks and how to mitigate them to ensure a joyful and inclusive celebration for all.

For most HR operatives, the staff Christmas party is approached with some level of trepidation. We’ve all heard the horror stories and for those working at the coal face, have likely had to mop up the aftermath of a staff Christmas party or two.

Regardless of your role in a workplace, I am sure you have a story to share about something occurring at a staff Christmas party, like the time when an employee brought a date and that date left with a different coworker at the end of the night. You can imagine how awkward it was in the office the next week. Or the employee who decides to tell the boss what he really thinks about his management style, and then has to face the Manager the next day.

But on a more serious note, there are very real implications for employers arising from events at the staff Christmas party. In recent years, the Fair Work Commission has heard a number of matters in which drunken employees were dismissed for bad behaviour at their respective work Christmas parties.
What is interesting is the varying outcomes in these cases, with some dismissals being deemed unfair, while in others have not been determined to be unfair.

In Keenan v Leighton Boral Amey NSW Pty Ltd, a drunken employee was dismissed for verbally abusing his boss and sexually harassing a fellow colleague. Despite the employee being warned that the usual workplace code of conduct would apply at the Christmas party, the Commission still found that the employee's dismissal was unfair.

In reaching this decision, the Commission determined that the employee's bad behaviour was "isolated" and completely out of character. The Commission laid blame partly on the fact that free alcohol was supplied by the employer, noting that it is "contradictory and self-defeating for an employer to require compliance with its usual standards of behaviour at a function but, at the same time, to allow the unlimited service of free alcohol."

Conversely in Vai v Aldi Stores (A Limited Partnership), an employee was dismissed for misbehaviour at a work Christmas party at which the employer also supplied free alcohol. In this matter, the employee threw a full glass of beer towards other employees. However, in this case, the Commission found the dismissal to be fair.

So why the difference in outcomes?
Unfortunately, it is not obvious why one dismissal was unfair and the other was not. The conduct of the employee in Keenan was arguably more serious than the conduct in Vai. However, in the case of Vai, the work function was at a hotel where the serving of alcohol was controlled and where there were senior staff present to supervise. In Keenan, employees were able to serve themselves alcohol and no one was given the task of supervising the function.

Obviously, each matter is determined by its facts, and the unique circumstances, however, it is clear the role that alcohol played in both situations.

Notwithstanding the issues that can arise from Christmas parties, they are still a great way to boost morale, foster team spirit, and show appreciation for your employees' hard work throughout the year. That said, as I have already highlighted, without careful planning, they can also be a minefield of potential HR issues.

So let’s unpack how we can navigate this situation, and certainly the first task is to plan with purpose:
From the outset, it is critical to set expectations. To do this, you should communicate the event details well in advance. This includes the date, time, location, dress code, and any other pertinent information. Make it clear whether attendance is voluntary and also clearly clarify if plus-ones are invited.

The second task in my opinion should be identifying and appointing Responsible Managers for the event. It is important to make sure that there is someone at the event that can manage issues should they arise, and we refer to this role as ‘responsible managers’.

So, determine which staff will be appointed as ‘responsible managers’ to supervise and give them clear authority to act if they see inappropriate behaviour. These staff will be ‘designated’ to not drink any alcohol, monitor the event for any potentially problematic behaviour and be a contact point for staff who may experience issues during the event.

Further, well in advance of the event, make sure the ‘responsible managers’ are aware of relevant policies (alcohol, substance abuse, harassment, etc.). Ensure these staff understand the organisation’s policies and procedures relating to appropriate workplace behaviour and workplace health and safety.

And finally, when communicating with employees about the event, be sure to identify the ‘responsible managers’ so that staff know who to approach if there any issues during the event.

And just while we are on the topic of planning, I think it is important to also be mindful of Inclusive Celebrations. As you plan your event, consider ways to make your celebration as inclusive and respectful of all employees’ beliefs and traditions as practical. Consider incorporating elements of different holidays celebrated around this time of year to make everyone feel welcome.

Ok, so we have set the scene in terms of planning, now let’s move onto identifying and mitigating risks.

The first area I want to discuss is alcohol consumption:
One of the biggest risks at any workplace party is alcohol consumption, and this is echoed in the cases I discussed earlier in this podcast. To manage this risk, I have the following suggestions:

• Consider the timing of the event: Are you able to have a daytime event with activities such golf, lawn bowls, escape rooms for example. By focussing the event on activities rather than a dinner or cocktail party you can lessen the need for alcohol to be involved. Another option is to consider holding the event a month or two before the silly season starts, or even in January, after everyone is finished with the craziness of Christmas. Moving the event away from what can be a hectic and even emotional time of year for people may reduce the likelihood of incidents.
• If you are serving alcohol, limit consumption: Consider offering drink tickets or limiting the number of free drinks to help control alcohol intake. Provide plenty of non-alcoholic options as well.
• Ensure food is served: Ensure that appropriate quantities of food are provided and make sure there are non-alcoholic beverages are available.
• Arrange safe transportation: Options like taxis, ride-sharing, or designated drivers ensures everyone gets home safely, and planning ahead for this is important.
• Monitor Behaviour. Designate responsible managers or HR representatives to keep an eye on the festivities and step in if necessary.

The next issue that tends to arise out of work-related social gatherings is harassment and misconduct claims.
To help manage this risk, I would suggest that Managers:

• Reiterate Policies: Before the event, remind employees about your company’s policies on harassment and professional conduct and how that relates to work related social functions.
• Provide Training: Ensure that all employees have completed training on bullying and harassment (in particular sexual harassment) and know how to report any issues.
• Set Boundaries: Make it clear that the same rules apply at the party as they do during work hours.

Ok, so we’ve tackled the planning stage, looked at risk mitigation, and then survived the Christmas party, but before you make a sigh of relief, there are just a few final considerations.

Consider gathering feedback from employees to learn what went well and what could be improved for future celebrations. And critically, if any issues or complaints arise from the event, address them promptly and in accordance with your HR policies.

If you happen to be in a position of receiving a bullying or harassment complaint from a work-related social event, it is important to remember that workplace bullying, and sexual harassment can occur outside the actual physical workplace on the basis that there is a “relevant connection to the workplace”. There is no doubt that a staff social function fits within that definition of “relevant connection to the workplace”.
The tribunals have often taken a very broad approach to that definition and have often swept up ‘after parties’ into that definition. That is, they have deemed that a gathering that occurs after an official work event, such as the staff Christmas party, may still have a relevant connection to the workplace.
If this does occur in your workplace, I would strongly suggest you get advice on the matter.

To wrap up our discussion today, I do want to reiterate that the work Christmas celebration can be a wonderful way to end the year on a high note, and I know I get great joy from rewarding our team with a work Christmas get together. As I have outlined today, with careful planning, considering the potential risks and taking steps to mitigate them, you can ensure a safe, inclusive, and enjoyable event for all. Finally in the spirit of Christmas, we have created a Christmas Party Checklist that you can download from our website www.ewsolutions.com.au. Just head to the resources tab and you will find it on the ebooks page.

Thank you for listening to another episode of HR to Go. If your business is based in Australia and you would like HR or employment law advice, visit our website EWSOLUTIONS.COM.AU