Time flies and here we are again, that time of year when businesses start to plan and hold staff functions to celebrate the end of another year.
Employers have a much bigger role this year than ever before when it comes to managing
worker behaviour and keeping workers safe, with (to name a few):
- the introduction of the new positive duty to eliminate sexual harassment and sex-
based discrimination and harassment (which now has a lowered threshold for
breach); - a new prohibition against subjecting another person to a workplace environment that
is hostile on the ground of sex; - new enforcement powers (from 12 December 2023) of the Australian Human Rights
Commission to address discrimination and enforce the positive duty; - firm sights having been set on employers and officers when it comes to the
management of workplace psychosocial hazards; - a new sexual harassment claims regime having opened up in the Fair Work
Commission; and - three new protected attributes when it comes to discrimination in the workplace
(gender identity, intersex status and breastfeeding).
The perfect storm of alcohol and a party often leads to sexual harassment and similar types of complaints and incidents from not only physical actions, but also comments, often with the usual defence line of “it was just a joke”. So how can employers plan a safe festive season party, without being too much of a grinch?
Here are some steps to take:
Before the event
- Assess the risks.
- Send a reminder to employees setting out expectations, and reminding them of your workplace policies of relevance, such as sexual harassment (ideally updated to contend with recent changes, some of which are outlined above), anti-discrimination, bullying, WHS/OHS, drugs and alcohol, and social media.
- Plan an inclusive event that doesn’t exclude anyone due to their beliefs or family responsibilities etc.
- Set clear start and finish times, ensuring they are enforced making it clear that there will be zero tolerance toward any “kick ons” or “after parties”.
- Choose your venue wisely. Is it accessible for all? Is the entertainment appropriate (e.g. not offensive in the context of your workplace policies or the law and not conducive to poor behaviour)? Can the venue ensure responsible service of alcohol?
At the event
- Ensure that responsible service of alcohol is enforced, provide ample food and non-alcoholic drinks.
- Ensure there is at least one senior person (ideally a manager) on hand (who will not be drinking), to assess risks and to help keep things under control if it looks like things may start to get out of hand.
- Ensure all employees have access to a safe way to get home from the venue.
- Poor conduct must be addressed immediately, not just after the event, and anyone breaching the policy must be removed.
- If holding a Kris Kringle at the event (or separately), ensure everyone knows that gifts must not be deemed to be offensive, not just to the recipient but to others present.
What to do if things go wrong
If after all your hard work and planning things still go wrong, here is what you should do:
- Conduct a risk assessment, and if there is an ongoing risk, take action to neutralise the risk.
- Poor workplace conduct should be investigated, even if there have been no complaints or the employee involved has been dismissed.
If you would like our assistance, or to know more, please contact us.
We wish you the best and we trust that you’ll not be silly this season!
