Resources: News Alerts

As the silly season approaches, employers must ensure that they thoughtfully plan their end-of-year celebrations and carefully consider the potential risks associated with hosting work-related functions.

These considerations are more important than ever given that employer obligations with respect to psychosocial hazards, Respect@Work and the positive duty to prevent sexual harassment are now in effect – noting that these obligations apply outside the traditional workplace and include work-related functions.

Our Managing Director and Principal, Athena Koelmeyer recently presented a webinar on how employers can navigate these types of obligations when planning end-of-year social functions. A recap of this webinar is provided below.

Prevention is better than a cure

Thoughtful party planning that looks ahead at risks can go a long way in ensuring employers are meeting their obligations. This may include planning and implementing reasonable control measures such as:

• communicating expectations around the standards of acceptable behaviour and making it clear that inappropriate behaviour will not be tolerated (think policies which relate to work health and safety, psychosocial hazards, drugs and alcohol, social media, sexual harassment and bullying);
• organising adequate supervision (such as managers) to monitor employee behaviour;
• hiring professional bar and security staff who are trained in the responsible service of alcohol;
• communicating strict start and finish times and making it clear that any “after-party” is not endorsed by the employer;
• if alcohol is served (noting employers should consider whether it is necessary to serve any alcohol at all), ensure that it is restricted and that plenty of food is supplied; and
• ensuring themes or events planned for the function are appropriate and do not risk the physical or psychological safety of others.

What can go wrong?

In October 2024, the AFL suspended six Greater Western Sydney Giants (GWS) players and fined several others for their conduct at an end-of-year private function. The function was organised by the GWS as part of their usual “Wacky Wednesday” celebrations, with a theme entitled “controversial couples”.

The AFL found that several players performed skits in relation to their costumes which was conduct unbecoming of the game, including:

• one player dressed as a former NRL player who spent time in jail following sexual assault charges and performed inappropriate acts on a sex doll;
• two players simulated the 11 September 2001 terrorist attack on the World Trade Centre;
• one player dressed as an NBA basketball player who was investigated and cleared for having a relationship with an underage girl, and performed inappropriate acts on another player dressed as a girl; and
• two players enacted a scene from the movie Django Unchained, characterising slavery.

Had the GWS considered the control measures outlined above, particularly with respect to the controversial choice of theme (no pun intended), it would have identified the risks associated with the event and mitigated the very public fallout of hosting the function.

In addition to inappropriate behaviour and brand damage demonstrated above, employers are reminded that any conduct or injury sustained by an employee at work-related events will generally be viewed as having a “sufficient connection to employment”. This means that employers can be held liable for employee behaviour at end-of-year social functions.

Therefore, employers must consider and prepare for the following:

• injuries sustained at the event or when travelling to or from the venue;
• misconduct, including workplace violence;
• bullying and harassment, including sexual harassment;
• irresponsible consumption of alcohol; and
• irresponsible behaviour causing injury.

For a deep dive into these topics as well as guidance on how to manage the potential fallout after the party, feel free to reach out to us at sydney@workplacelaw.com.au or call (02) 9256 7500 to access a recording of the webinar or otherwise ask how an end-of-year party may affect your business.

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Information provided in this news alert is not legal advice and should not be relied upon as such. Workplace Law does not accept liability for any loss or damage arising from reliance on the content of this news alert, or from links on this website to any external website. Where applicable, liability is limited by a scheme approved under Professional Standards Legislation.