Work Christmas Parties: 3 Tips for a Fun Festive Function

Vince Scopelliti - Wednesday, November 14, 2018

It's the end of a long year. Employers and staff alike have worked hard and are looking forward to the opportunity to catch up, celebrate, network and relax.

The work Christmas party is often anticipated as an ideal way to farewell the working year, reward staff, and anticipate the year ahead. However, employers must understand that a successful - and incident-free - Christmas party is dependent upon good planning and a sound understanding of the unique risks of work-related events. 

We provide our three best tips for ensuring a fun, safe and low-risk festive event. 

1. uNDERSTAND YOUR UNIQUE OBLIGATIONS 

One unfortunate mistake that we see in December is employers putting on a 'knees up' for staff without fully understanding the obligations involved. Importantly, it is not only parties held in the workplace that require careful consideration of an employer's legal obligations to staff. Festive functions that are off-site, yet employer sanctioned generally attract the full suite of workplace legalities. Required attendance or strong encouragement to attend, combined with free catering and in-built networking opportunities can all indicate that the Christmas party is indeed a work-related event, wherever it might be held.

Workplace safety usually brings to mind ideas of trip hazards and work station alignment. However, when it comes to the work Christmas party, some hazards are very particular. An open bar is a definite no-no. While some staff might groan about the lack of generosity, the relationship between alcohol and poor Christmas party behaviour is well-documented. It is no laughing matter for those employers who are faced with issues of alleged harassment, staff abuse and injury to workers in the wake of a Christmas 'cracker'.

2. Prepare, Prepare and prepare!

Clear communication to all staff about the nature of the upcoming Christmas party is essential. Without seeming like a kill-joy, it is important to outline in writing the expected behaviour of staff, venue rules and general housekeeping such as the end time of both the bar tab and the function itself. A good idea is to build a basic run-sheet into the invitation. Indicate a start time, any speeches and awards, food presentation, bar hours and offerings and close of proceedings. Preparing staff mentally beforehand will discourage untoward behaviour. 

The importance of limiting alcohol and providing professional function staff at Christmas parties was made painfully clear in the recent case of Sione Vai v Aldi Stores. An inebriated worker became extremely agitated when refused service of alcohol by a responsible bar worker. 

As part of his inappropriate and drunken behaviour, the employee threw a full glass of beer towards a security officer, which sprayed co-workers before smashing into a lamp. He was later dismissed. In appealing this decision, the worker claimed that he lost his job as a direct result of this employer-sanctioned party. 

However, Commissioner David Gregory considered that the provision of professional security and bar staff - trained in Responsible Service of Alcohol (RSA) - as well as a limited supply of alcohol all indicated that the employer had acted with care and diligence. The dismissal was upheld. 

3. respond swiftly to christmas party incidents

As seen in the above case study, preparation and quick action at the time of the function is essential. The aftermath of the party is also a crucial time to consider any necessary responses to incidents that come to light, whether by rumour or direct report. Unfortunately, sexual harassment, verbal abuse, alcohol-related injuries and culturally inappropriate behaviour can all rear their ugly heads at the very function that is designed to foster fun, camaraderie, reflection and unity. Employers should swiftly respond to any Christmas party incidents, ensuring that matters are investigated in a fair, professional and transparent manner. 

decking the halls (safely!)

Equipped with a strong understanding of legal obligations, some sound preparation and prompt responses to any incidents, employers can create a Christmas party that is enjoyable, safe and memorable for all the right reasons. 

If you need assistance to prepare for your Christmas party, or dealing with any issues, which arise from the Christmas party, contact WISE for assistance

To Disclose or Not to Disclose

Vince Scopelliti - Wednesday, October 10, 2018

For many employees, one of the most difficult aspects of navigating the modern workplace is deciding whether to disclose a mental health issue.

Not every employee is required to be open about their condition, and there is often a fear of the potential consequences for their career if they are. 

We take a look at when an employee is obligated to disclose, what employers must do, and the pros and cons of disclosure. 

what does the law say about the employee's responsibility? 

When dealing with mental illness in the workplace, employees are not required to share details of their condition with employers unless there are legitimate concerns that it may affect their ability to perform their role properly. 

For example, employees who operate heavy machinery but are struggling with alcoholism, drug addiction or are reliant on certain types of medication should advise their employers, so that they do not risk their safety or that of their colleagues. 

Failing to share this information could mean that the employee is in breach of their obligations under Work Health and Safety legislation.

what must employers do?

Commonwealth legislation determines that it is unlawful for employers to discriminate against their employees for a variety of reasons, including discrimination on the basis of a mental health condition. 

According to the Disability Discrimination Act 1992 (Cth), employers cannot act in a discriminatory fashion towards employees based on past or future conditions, temporary or permanent conditions, or actual or imputed disabilities. 

Types of discrimination which employees with mental health conditions may face include:

  • Direct discrimination, for instance when a candidate is not hired or an employee is disciplined inappropriately because of their mental health. 
  • Indirect discrimination, for example requiring all employees to eat lunch in the staff lunchroom - which for instance might cause difficulties for employees with anxiety. 

Choosing not to make adjustments for an employee who is struggling with their mental health is a form of discrimination. 

There are also obligations on employers around disclosing an employee's mental health status to others in the organisation. All employment relationships include an inherent requirement of confidentiality, which means that employers are prevented from discussing or disseminating information about their employees' mental health. 

Exceptions can be made in circumstances where the information must be shared in order to prevent or lessen a serious and imminent threat to the life or health of the employee or as required by law.

pros and cons of disclosure

Workers who don't have an obligation to disclose often struggle with the pros and cons of sharing this information with their employers and co-workers. 

A clear advantage of disclosing this information is that colleagues are aware of the circumstances under which the employee is operating and can provide a level of social support. Managers who know that a team member is struggling with mental health issues may well be more sympathetic, and can assist by providing more flexible working arrangements, lessening workloads in times of crisis, or otherwise ensuring that the workplace is generally accommodating of the employee's needs. 

Further, ill-founded rumours or gossip may be avoided by an employee being open about the difficulties they are facing and could help de-stigmatise mental health issues in the workplace. 

Disadvantages include sharing very private information with colleagues, which may be disseminated to other people in the organisation and have the potential to result in harassment or discrimination. This may be particularly relevant in circumstances where the mental health condition is temporary or does not affect the ability of the employee to perform their duties adequately.

mental health and wellbeing in the workplace

Employees can contribute to good mental health at work by:

  • Taking care of themselves
  • Avoiding known triggers
  • Participating in exercise
  • Taking regular breaks during the work day
  • Staying up to date with any medication 
  • Relying on a support network (both inside and outside work)
  • Avoiding external influences like excessive alcohol or drugs. 

If you would like more information on mental health in the workplace, check out our series of articles on Mental Health in the Workplace. WISE Workplace can also assist employers with drafting and implementing policies relating to mental health disclosure.  

Job Stress, or Psychological Injury?

Vince Scopelliti - Wednesday, October 03, 2018

Being aware of job stress, and proactive about its potential effect on staff and their ongoing mental health, is an important component of ensuring employee satisfaction and OHS in any business. 

But it is crucial not to confuse job stress with a psychological injury, which may or may not have been caused by the work environment. 

the difference between the two

A psychological or mental disorder includes a range of cognitive, emotional and behavioural symptoms which ultimately interfere with an employee's functioning and can significantly affect how they feel, think, behave and interact with others. 

This is to be contrasted with job 'stress', which can be better described by referring to physical and emotional symptoms arising in work situations. 

For example, an employee who is experiencing conflict with their manager and feels mildly apprehensive about working shifts with the manager, including feeling physical symptoms such as a slightly increased heart rate or perhaps perspiration, is likely to be suffering from job stress. 

An employee who has sustained a psychological injury may well experience 'stronger' symptoms more commonly associated with a diagnosis of anxiety or post-traumatic stress disorder arising from their interactions with their manager. 

Examples of psychological disorders

Psychological disorders can generally be grouped into three types: mood disorders (such as depression or bipolar disorder), anxiety disorders (including anxiety and post-traumatic stress disorder), and psychotic disorders (such as schizophrenia or borderline personality disorder). 

There is a wide spectrum according to which the severity of any condition can be assessed, and simply because an employee has been diagnosed with a condition that is generally perceived to be 'serious', such as schizophrenia, this certainly does not preclude them from being fully functioning members of your team. 

early signs and symptoms of psychological disorders

It goes without saying that the signs and symptoms of a psychological disorder differ depending on the type of injury. Although far from an exhaustive list, some symptoms could include:

  • Depression: significant changes in behaviour including difficulty concentrating, drinking more alcohol as a means of self-medicating, lack of energy, finding it difficult to manage tasks which were previously easily handled, increased absenteeism. 
  • Bipolar disorder: extraordinary levels of energy, dramatic change in personality in the workplace, struggling to meet reasonable deadlines, and symptoms of depression (when the employee is 'down')
  • Anxiety disorders: unusual irritability, anxiety attacks, excessive worrying about workload or specific tasks.
  • Schizophrenia: demonstrated suspicion of co-workers, 'odd' ideas or erratic behaviours, talking to themselves. 

Tactful and considered interventions are encouraged in circumstances where employers, managers or HR initially begin to notice signs of distress or job stress.

Although intervention and assisting an employee in seeking professional assistance can in some cases possibly prevent symptoms from deteriorating, and the employee from developing a full psychological illness, this should only be undertaken by qualified and sympathetic staff. Care also needs to be taken to maintain the privacy of the employee at all stages of the intervention process. 

how is a psychological injury diagnosed?

Only an appropriately licensed medical practitioner, such as a psychiatrist, psychologist or general practitioner should diagnose a psychological injury. It is anticipated that, if required, this medical practitioner will either prescribe appropriate therapy, pharmaceutical relief or both. Further, that practitioner should also conduct a 'capacity for work' assessment, if this is required before the employee is able to return to their usual duties. 

With appropriate support, even employees with significant psychological injuries or disorders should be able to continue working. Of course, this will require support from the employer in ensuring that potential 'triggers' are avoided as much as possible. 

Key determinants in assessing whether employees with psychological injuries are able to continue working include an assessment of their interpersonal functioning with their co-workers, the risks to the personal safety of any other employees, and the potential side effects of any medications. 

Our article Mental Health in the Workplace offers more information on mental health issues. Contact us to find out how we can assist with the trickier aspects of ensuring that your staff are as healthy, happy and productive as possible.

Issues with Intoxicated or Hungover Staff? What to do

Vince Scopelliti - Wednesday, May 23, 2018

Most adults like to indulge in the use of alcohol from time to time. Some even like to partake a little more frequently - which is generally not problematic, in the privacy of one's own home and social sphere.

But occasionally problems with alcohol or even drug consumption can creep into the workplace, with staff under the influence while at work or under performing because of the after-effects. 

Employers have an OHS duty of care to all employees so they need to ensure that alcohol in the workplace does not give rise to safety risks. Employees also have a duty of care to themselves. Let's take a look at how employers can manage alcohol and drug-related issues in the workplace.

underlying factors and potential consequences

Alcohol and drug-related problems can occur in any workplace, across different industries. They can arise due to any number of factors, including personal issues experienced by the employee, stress, ongoing addiction, or poor workplace culture, to name a few. 

The potential consequences of alcohol or drug consumption - whether recreational or prescription - include the risk of injuries sustained by other staff and customers, absenteeism, lost production or general lack of competence, and a reliance on rehabilitation or workers compensation. 

The cost of these problems to business varies, however 1 in 10 workers say they have experienced the negative effects of a co-worker's misuse of alcohol.   

identifying alcohol or drug-related risks

One of the best ways to avoid difficulties with drugs and alcohol in the workplace is to identify potential risks and develop workplace policies that address these. 

These are some of the factors to consider when determining the level of risk facing your business:

  • Are your workers engaged in a high-stress environment? 
  • Is the operation of heavy machinery, vehicles or other equipment a requirement of your business?
  • Are there legislative or safety requirements to ensure that anybody operating this equipment is free from the influence of substances? 
  • Do staff potentially have access to illegal or significant amounts of pharmaceutical drugs, whether for their own consumption or for resale?

implementing a workplace drug and alcohol policy

At a minimum, your workplace policies should spell out:

  • Whether your company has a zero-tolerance policy for any types of drug or alcohol consumption;
  • Whether staff are required to declare reliance on specific pharmaceutical medications;
  • If random drug or alcohol testing is undertaken in the workplace; 
  • What expectations are placed on drug and alcohol consumption at work-related functions;
  • What the potential consequences of intoxication in the workplace could be

It is important to note that Section 12 of the Fair Work Act defines "serious misconduct" to include an employee being intoxicated at work. It would therefore be reasonable to dismiss an employee under those circumstances. 

It is also worthwhile ensuring that HR and other executive employees have undergone training in identifying staff who are intoxicated in the workplace or have perhaps formed habits of dependence. 

how to approach a worker who is under the influence 

When staff members suspect that a colleague may be under the influence of drugs or alcohol, it is important to be extremely sensitive in approaching that person. The specific approach will, of necessity, be dictated by various factors, including:

  • The relevant industry;
  • The workplace culture and structure;
  • The employee's role and seniority; 
  • The personal circumstances of the employee;
  • Whether the occurrence is 'once off' of suggests a pattern of behaviour; 
  • The legal environment;
  • The duties and responsibilities of the employee.

An employee is likely to be more responsive if they are approached from the perspective of a safety concern rather than an accusation. This is particularly the case where the behaviour or intoxication may arise from physical injuries, acute distress or prescribed medication which the patient is reacting badly to. 

During the process of drafting a workplace policy relating to drug and alcohol consumption, management should consider appointing and training specific staff members whose role it is to approach employees who are suspected to be under the influence of substances. 

These staff members could include managers, counsellors, health and safety representatives or HR representatives. A chain of command should also be instituted so that staff who have been tasked with making initial contact have somebody else to turn to for assistance if their initial approach fails.

If an employer dismisses an employee for drug/alcohol abuse and ends up with a claim for unfair dismissal, then a good employer defence would include that they had a workplace policy and approach that not only included clear consequences but also emphasised that the employer views abuse as a health issue and therefore seeks to help the employee overcome their abuse (this would be in cases where abuse outside of work is affecting performance as opposed to being intoxicated or high at work). 

This can be done by having an Employee Assistance Program (provided by an external provider); having a mental health and wellbeing policy; and an 'RUOK' approach - whereby managers encourage a culture of everyone looking out for each other and literally asking, are you ok? After all, such welfare approaches are exhausted over a reasonable period of time an employer would be safe to move to disciplinary approaches. 

Employers may also need to assess whether the issue is widespread, ie. a workplace culture of abuse. If this is the case, then there maybe engrained cultural issues that need to be investigated and remedied.   

What can employers do?

Workplaces are encouraged to establish a workplace drug and alcohol policy and procedure that can be followed in the event of a drug or alcohol-related incident in the organisation. 

WISE can assist you in drafting these policies, or assessing your current policy, and training staff. Alternatively, we can provide investigative services for any incidents that have occurred in the workplace. 

Workplace Party Pitfalls and Perils (A Christmas Story)

Vince Scopelliti - Wednesday, November 15, 2017

At a time when workers increasingly work remotely, communicate online or use hot desks, the annual staff Christmas party is a valuable opportunity to get everyone interacting face to face. 

A Christmas party is also a good way of getting staff who rarely see one another during the working week to meet, to reward staff for hard work, to celebrate the success of the past year, and to motivate employees for the year ahead. 

At the same time, it is essential that reasonable steps are taken to manage the risk to the organisation's reputation, to provide an environment free from discrimination and to protect the health and safety of all involved in the Christmas party. 

Small wonder then that there is a fine line between potentially permitting a situation to get out of hand, and being so risk averse that you kill the fun of the party altogether. 

Here's a quick guide for employees and employers on how to avoid the potential perils of the work Christmas party.

when is a party classed as a workplace event?

First, in order for a business to be legally liable for events that occur at a Christmas party, it must be considered a 'workplace event'. However, this can extend beyond something which is specifically labelled an 'end of year function' or 'Christmas party', and can include something as informal as a picnic or a sporting activity - or even an unplanned and spontaneous event like an after party. 

The factors that determine whether something is defined as a workplace event include:

  • Whether the employer sponsored or funded the event.
  • If the employer was involved in organising the event or issued invitations.
  • Whether attendance was voluntary or whether the employer expected attendance - for example, by requiring employees who did not attend to take annual leave or work instead. 
  • If employees consider it a 'perk' of employment to attend the event.
  • Whether the employer benefitted from the event, for example by having the opportunity to present awards or network with clients.  

SO HOW CAN THINGS GO WRONG?

Some notable mishaps from past Christmas parties include: 

  • The dismissal of an employee for haranguing and then pushing a fully clothed co-worker into a swimming pool. That decision was upheld by the Fair Work Commission, despite noting that the employer should not have provided virtually unlimited alcohol. Another factor was that the employee was asked to leave by the general manager, but refused to do so, engaging in a physical altercation with him. 
  • An employee urinating off a balcony on Darling Harbour onto dining patrons below was sacked for misconduct. 
  • A formal warning was given to a police officer who used a genital piercing to open beer bottles during a party. 
  • Another employee lost his job after faking his wife's illness to miss his own Christmas party - only to attend that of a competitor.   

how employees can have fun and stay out of trouble

There are a few important things employees should be aware of: 

  • What happens at the party will almost certainly not stay at the party. Quite apart from water-cooler gossip and the potential repercussions of people remembering what you said or did after that fifth glass of wine, there's also potential for humiliating photographs or embarrassing posts to be shared on social media. 
  • Employees should set and stick to limits. Good working relationships can be quickly destroyed, and respect lost, through foolish or careless behaviour by those who have over-imbibed. 
  • Once your reputation has been damaged, it can be incredibly difficult to repair it. Remember that you will need to see your colleagues and any other guests again - if not on Monday, certainly after the Christmas break. 

Instead of overdoing the alcohol, use the party as an opportunity to network with other people in your organisation whom you may not know as well. The Christmas party should be an opportunity to have fun and form more personal connections, with a view to improving your overall work life.

WHAT EMPLOYERS MUST DO

In order to minimise any potential pitfalls from the Christmas party, employers need to know a few key things:

  • If a function is deemed to be a workplace event, then the employer owes a duty of care to employees. This includes being held vicariously responsible for any injuries, discrimination, harassment, or potentially for anything the employees do wrong, such as breakages. 
  • Service of alcohol is the responsibility of the employer. Although employees should feel free to have a good time without undue restrictions, it is up to the employer to ensure that nobody is excessively intoxicated. Some employers may also wish to provide alternative transport home, such as Cabcharge vouchers. 
  • Employers should make it clear exactly when the function starts and finishes. Setting a specific end time for the festivities assists with limiting the employer's duty of care to a finite window, after which point anything that happens at a different venue could be considered to be 'off the clock'. 
  • Employees should be reminded that, even though the event may not be held at the workplace, the usual rules of conduct apply. This includes reminding employees of the company's sexual harassment, bullying and anti-discrimination policies. 
  • Remind employees to be culturally sensitive, especially noting that not all people celebrate Christmas, and ensure that any gifts sanctioned at the workplace event, such as Secret Santa, are not inappropriate or offensive. 

How to deal with any misconduct 

If something does go wrong at the Christmas party, it is important for employers to deal with potential misconduct swiftly and fairly in order to minimise any fallout. WISE Workplace can assist with a professional and unbiased workplace investigation.