Christmas functions - A timely reminder

A recent South Australian Employment Tribunal (SAET) decision which found that a worker’s alcohol-related injury sustained at a work Christmas function occurred in the course of her employment, is a timely reminder for all employers heading into the silly season.

A hairdresser attended an all-inclusive work Christmas function at the invitation of her employer. The event was held at a resort and involved overnight accommodation, lunch, unlimited alcohol and a spa bath. While under the influence of alcohol, the worker attempted to leave the spa but slipped on the wet tiles and fell, resulting in injuries to her hip and leg.

The worker applied to ReturnToWork for medical expenses and weekly incapacity payments, but was denied on the basis that she had not been directed to attend the party, therefore meaning she could not prove the injury occurred in the course of her employment.

SAET overturned this decision, finding that the Christmas party was a significant event for the business, with the owner closing the salon for the entire weekend. It was held that the worker had been encouraged to attend and “tacitly or impliedly” invited to participate in the activities, including using the spa bath which resulted in the injury. SAET also found that a number of the decisions and actions by the employer significantly contributed to the injury occurring including the nature of the venue, the supply of alcohol and the expressed hope for the employees to ‘have a good time’.

Tips for a safe Christmas function

Christmas functions can be fertile ground for incidents that lead to claims. Employers have multiple WHS obligations to ensure that Christmas functions are safe for their employees and, as demonstrated above, Christmas functions are nearly always found by courts and tribunals to be events where employees are considered ‘at work’, even if the function takes place after hours and at a separate location.

Now is a good time for employers to:

1. review workplace policies and procedures to ensure compliance with WHS frameworks;

2. remind employees that workplace functions like the Christmas function still involve the same standard of appropriate workplace conduct; and

3. ensure any Christmas function is planned with workplace policies and procedures in mind.

Our retainer clients can access our recommended template letter to employees reminding them of their workplace health and safety obligations at your Christmas function.

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