End of year Christmas work parties can be a great way to bring your staff together and celebrate the achievements of your team.
Did you know employers still have to provide a duty of care to their employees when it comes to work related parties?
If an employer fails to provide duty of care, they risk needing to take disciplinary action against employees and have greater risk and exposure to legal claims against them.
Potential risks can include:
* Worker’s compensation claims for injuries sustained at a work related function (including Christmas celebration)
* Discrimination & harassment claims between employees and/or employer and employee
* Serious misconduct
* Confidentiality breaches (sharing sensitive information between staff)
* Breaching social media policies
* Defamation claims
Duty of Care
Duty of care can include, but is not limited to, the following:
* Taking all reasonable steps to ensure the health and safety of employees
* Managing alcohol consumption. Consider a drink limit for staff. Ensure they have access to food if drinking and do not let anyone drive under the influence.
* Ensuring the venue the work party is held at is safe.
* Monitoring employee behaviour towards each other and venue staff.
* In the lead up to a work function, reminding your staff it is work-related and what is expected of them. If you have Codes of Conduct and other work related policies pertaining to social functions, remind your staff of what these are.
* Keep a record of all steps taken to keep your staff safe
Vicarious Liability
Even though it’s the holiday period and a Christmas work party is a great excuse to let your hair down, this is still considered an extension of your workplace.
Did you know that employers can be held legally responsible for acts of discrimination or harassment that occur in the workplace or in connection with a person’s employment? This is known as ‘vicarious liability.’
For example, employers can be held vicariously liable for discrimination and harassment that occurs at:
+ Employer-sponsored events, such as seminars, conferences and training workshops
+ Work-related social functions, such as Christmas parties
+ Business or field trips.
Employers can also be liable when computers, phones or tablets are used to harass a person, for example, by sending text messages, posting on social media sites or sending emails that have a connection to the workplace.
So how can employers minimise their liability? By demonstrating they have taken ‘all reasonable steps’ to prevent or avoid the discrimination or harassment.
Preventive measures can include implementing workplace policies that address discrimination and harassment, including sexual harassment, providing training on discrimination and harassment to staff and managers, and establishing an internal complaint handling process.
The Legal Risks of Using Social Media
Social media platforms can present many issues legally. Here is a brief overview of the most common issues:
Privacy Breaches/Disclosure of Private Information
It’s possible when publishing posts to accidentally disclose confidential information. Social media platforms can also sometimes experience data breaches or cyber hacks from cyber criminals. Check the Privacy Policies of any social media platforms to understand how your personal information is used and protect your accounts with as much security as possible.
Misleading or False Statements
Under Australian Consumer Law, a business must not make any misleading or false statements in relation to the goods or services they are selling, which includes advertising on social media.
Brands working with influencers must also be cautious to advertise their working relationship properly as per any relevant laws.
Defamation
Every social media user is considered a publisher in the eyes of the law, and by extension this can include page owners as well as moderators of social media groups. Publishing defamatory material on social media has the potential to be widely shared rapidly, causing further significant harm to the defamed person’s reputation and increasing legal liability for those involved in publishing & sharing the defamatory publication. Always be mindful of the content being shared on any of your social media pages.
Employment/Workplace Issues
Employers have a duty of care to their employees and occasionally material published on social media can amount to bullying/harassment between employees. Employers need to have effective workplace policies in place for social media use and ensure they reduce the risk of being vicariously liable for the actions of their employees.
Intellectual Property Infringement
Ensure you have the right to distribute, use or share any copyrighted material that belongs to someone else. Plagiarism, trade mark breaches, or copying and claiming someone’s else work as your own can be a breach of Intellectual Property laws.
If you need assistance with any Employment Law matters as an employer or employee, contact our office here. Most of all, have fun at your Christmas work party!
