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ARTICLE · 25 NOVEMBER 2024

Employer liability for work Christmas parties

There is a positive duty on employers & persons conducting a business to eliminate workplace sex discrimination & harassment.

AustraliaEmployment and HR

It's that time of year again when work Christmas parties are being planned. The annual office Christmas party is an occasion to relax and celebrate the year's accomplishments. However too often inappropriate behaviour fuelled by alcohol occurs which can lead to devastating consequences for employees and the employer alike. For the wellbeing of all attending employees and employers need to understand their rights and responsibilities.

Despite often being held away from the office and even perhaps outside regular working hours, workplace laws apply to work Christmas parties. Employers retain their duty of care towards employees during these events. Critically, employers are vicariously responsible for an employees' behaviour to another employee, as they have the right and duty to control them. Harm resulting from an employee's inappropriate conduct, such as discrimination, harassment, or bullying, often exacerbated by excessive alcohol consumption, is a risk for

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