David Grindle: Employer's duty of care, obligations at Christmas Party

Both professional and business reputations can be put at risk when alcohol is involved at the Christmas party. Photo / Getty Images

COMMENT

'Twas the week before Christmas, when all through the workplace, staff were happily planning for the Christmas party at pace. But at the party there arose such a clatter, a workplace suspension ensued for an indecent matter.

Throughout New Zealand, businesses and their employees are looking forward to celebrating the end of a particularly difficult 2020.

Be responsive, and prepared to cease to serve alcohol to any party-goers, or to the group, if things are getting out of hand. Photo / Getty Images

It has never been more important to reward staff and acknowledge their hard work, but employers and their staff need to be conscious of the risks that can arise through social interaction outside the workplace -particularly when a social lubricant like alcohol is involved.

In the eyes of the law, hosting an end-of-year work party is no different to other activities employers are engaged in throughout the year.

Businesses and their employees are looking forward to celebrating the end of a particularly difficult 2020, writes David Grindle. Photo / Supplied

The employer's duty of care and usual workplace obligations remain. By planning and being aware of the risks, employers can ensure everyone has a fun time – without keeping the human resources (HR) department busy after the party.

It's important for employers to clearly identify what behaviour is inappropriate and openly communicate that message to staff.

The celebration atmosphere presents an additional challenge for employers, as the chance of excessive alcohol consumption increases.

Do:

• Ensure you have responsible service of alcohol, including making sure employees have plenty of access to non-alcoholic drinks and food

• Be responsive, and prepared to cease to serve alcohol to any party-goers, or to the group, if things are getting out of hand

• Make sure your staff have safe transport home and that there are clear and obvious alternatives to self-driving.

Both professional and business reputations can be put at risk when alcohol is involved – overzealous bumping and grinding on the dancefloor or a solo attempt on the karaoke microphone can be difficult to recover from.

For employers, a workplace that is subject to a personal grievance for allowing or creating an environment in which antisocial behaviour and sexual harassment can flourish will always be bad for business.

As an employer, you don't want to be the Grinch that stole Christmas but you do need to show leadership.

Model fun and appropriate behaviours that allow everyone to return to work on Monday without embarrassment – or even worse, a visit from HR.

• David Grindle is director in charge of the employment law team at WRMK Lawyers. He has practised in this area of the law for 17 years.