Every year, sexual harassment in the workplace is one of the most common complaints received by the Commission under the Sex Discrimination Act.

This makes it imperative for employers to implement policies that increase awareness and prevent sexual harassment before the festivities begin. 

Sexual harassment lawsuit minefield

Workplace harassment can prove very expensive for the business. In one case, the Full Federal Court of Australia increased damages for harassment from $18,000 to $170,000 on appeal. This appeal decision highlights the fact that the court is prepared to award significant damages to those who’ve been found to have suffered unlawful harassment and/or discrimination at work. Workplace harassment can prove very expensive. This figure should be enough in itself to rethink your workplace policy on sexual harassment.

These occasions are great for team-building and rewarding staff. But there is a real challenge for employers to keep the party fun and not let it disintegrate when alcohol becomes part of the mix.

Employers should also be aware of HR compliance. For small businesses and large companies, there is plenty of potential for racial or sexual discrimination and harassment. Potential danger areas include ‘Kris Kringle’ gift-giving, jokes, humorous staff awards, and skits/performances that may offend certain groups. Anything can happen at Christmas parties, and, unfortunately, sometimes it does.

Avoid a legal hangover

Set the ground rules early by communicating the appropriate standard behaviours and adopting HR compliance best practices. Some suggested recommendations are:

  • Ensure policies are in place and make relevant policies a standing item in induction training and in staff meetings in the weeks leading up to the event.

  • Communicate what behaviours will and won’t be tolerated via staff meetings, staff newsletters, intranet or email.

  • Consider specific staff training in the months leading up to Christmas. Focus on what constitutes sexual harassment and discrimination.

  • Consider separate training for managers so they’re aware of their obligations and responsibilities and are better equipped to deal with any problems, should they arise.

As an employer, what else can you do to limit risk?

Emphasise the responsible consumption of alcohol. Remember a range of factors can influence an individual’s blood alcohol content, such as body size, age, level of fitness, liver health, gender, medication, when someone ate and what they ate.

Consider the timing of your Christmas party. If you’re worried about drunken nights out, consider a lunchtime event and make it a family affair by allowing partners and kids to attend. Be very clear about start and end times for the party.

Ensure there’s adequate food. We’ve all been to the Christmas party where the ‘finger food’ is few and far between. Without food in our stomach, alcohol is absorbed more rapidly, and we achieve higher peak blood alcohol levels. 

Make sure employees get home safely. Consider supplying cab vouchers or ensure there’s adequate public transport from the venue.

Maximise your care and minimise your risk

The silly season can be just that – silly! Alcohol can have a strange effect on some people who make the mistake of thinking that the beer they’ve just drunk has suddenly made them more physically attractive. 

Remember that alcohol can lessen or remove one’s inhibitions. As an employer, it’s your responsibility to take reasonable steps to prevent harassment from occurring at the staff Christmas party and on the journey home.

You have the right to expect certain standards of behaviour from your employees, and you also have the right to impose disciplinary sanctions, including in some cases dismissing an employee, when those standards of behaviour are transgressed. However, if you manage these functions sensibly it shouldn’t get to this. Prevention is the best strategy.

Nobody wants to wake up with anything more than a hangover the next day.

Looking for more information on policies, codes of practice and resources? My Business Workplace has an extensive library of documents to ensure you’re compliant with workplace legislation.