The Christmas Party: Fun Event or HR Nightmare?

The Christmas party is one of the highlights of the year for many employees. It’s a chance to celebrate, have some fun, and build team morale. But for employers, it can be a source of anxiety.

As an employer, you have a Duty of Care to ensure that your employees are safe, even at work-sponsored social events. Without a clear policy in place, a fun night can quickly turn into a legal disaster.

Potential Christmas Party Disasters

With alcohol flowing freely and the stresses of the work year behind them, employees often let their guard down. This lowered inhibition can lead to serious issues, including:

Sexual Harassment: This is the most common complaint arising from office parties. “Liquid courage” can lead to inappropriate comments, unwanted touching, or aggressive advances.
Inappropriate Conduct: General bad behaviour, such as aggressive arguments between colleagues who don’t get along, or offensive jokes that cross the line.
Reputational Damage: Incidents that happen in public venues (like restaurants) reflect poorly on the company.
Health & Safety Risks: Intoxicated employees injuring themselves or attempting to drive home.

If you are facing a complaint after a recent event, you may need to consider a formal misconduct investigation to determine the facts before taking disciplinary action.

Setting Expectations (Before the Party)

Prevention is better than cure. Send an email to all staff prior to the event setting clear boundaries. You are not being a “killjoy”; you are protecting them.

Key Considerations:

The Venue: Ensure there is enough space. If you are hosting it at the office, remember that “workplace laws” still apply 100%.
Food & Drink: Never serve alcohol without food. Ensure there are plenty of non-alcoholic options.
Start & Finish Times: Set a hard “End Time” for the bar tab and the event. Whatever staff choose to do after the official party ends is their own business, but you must clearly signal when the work event is over.

Creating a Christmas Party Policy

You don’t need a 50-page document, but you do need to communicate the rules. Your policy (or pre-party email) should cover:

Attire: What is the dress code? (Avoid “fancy dress” themes that could be culturally insensitive).
Behaviour: Remind staff that the Code of Conduct applies at the party just as it does at their desks.
Gift Exchange (Kris Kringle): Set a price limit and a strict rule against “adult” or offensive gag gifts.
Transport: How are people getting home? Consider providing Cab Charges or Uber vouchers to ensure safety.

Dealing with Incidents on the Night

Despite your best efforts, things can go wrong. If you see inappropriate behaviour:

Intervene Immediately: Do not wait. If someone is aggressive or harassing others, step in.
Separate the Parties: Send the intoxicated employee home in a taxi immediately. Do not let them drive.
Document It: Make notes of what you saw, who was involved, and what time it happened.
Report to HR: Even if it seemed minor, report it. “Small” incidents at parties often turn into large complaints on Monday morning.

Conclusion

Christmas is a great time to celebrate, but it requires active management. If an incident has occurred at your workplace party, do not try to sweep it under the rug.

Call Jolasers for a confidential discussion on how to handle the investigation process.

Need Advice on a Workplace Incident?

Stephen Oliver
Telephone: 0418 101 164
Email: Stephen.oliver@jolasers.com.au

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