Work functions: Ensuring HR does not get called!

The return to work and the relaxing of COVID-19 restrictions has seen work functions and social events return. These functions enable employees to reconnect with colleagues and boost the moral within an organisation. However, these events can expose employers to significant risk and it is important that employers consider how to appropriately manage work functions.

In the course of employment

Employers are responsible for the conduct of their employees where the conduct occurs in the course of employment. It is well accepted that events held outside of the physical workplace and outside of ordinary working hours can still be in the course of employment.

In the case of John Keron v Westpac Banking Corporation [2022] FWC 221, the Fair Work Commission ("FWC") found an employee was fairly dismissed following his inappropriate behaviour at a work function. Westpac organised voluntary "sundowner" drinks following a professional development day. While the conduct