With most organisations right in the middle of their Christmas get-togethers, many may realise that injuries at end-of-year parties do happen – but whose fault is it?
Christmas parties are supposed to be a setting for both relaxation and celebration after a hard year of work. Yet, time and time again, incidents occur at these get-togethers that put employees and employers at risk – with injuries being one of them.
“Just like the usual workplace, it’s an employer’s responsibility to ensure a safe environment for its employees. It being a party doesn’t change this, it’s still considered a work environment,” said Slater & Gordon lawyer Shweta Dey.
“But where the work Christmas party ends may be surprising for employers. Hattenfels v Richards Panel Pty Ltd is a perfect example of this.”
The Hattenfels v Richards Panel Pty Ltd matter is a rather peculiar incident that took place at a Christmas party that was hosted at a local tavern. At the tavern, meals and alcohol were provided for employees. After the tavern closed, the office manager invited them back to their house via taxis, where more alcoholic beverages were supplied – both were paid for by the employer.
This office manager owned a golf cart that was built to seat just two passengers, yet at around 3am, a group of three took the golf cart (with permission) to observe kangaroos. Three soon grew to five as the claimant and another employee also jumped on the back of the cart.
During the course of the drive, the claimant fell off and suffered a serious head injury.
“Following the injury, the claimant was diagnosed with a traumatic brain injury. The court had to consider whether the injury, which occurred at a Christmas party, arose as a result of the claimant’s employment,” said Dey.
The judge held that the injury sustained by the employee who fell from the cart was a workplace injury.
“I accept that the continuation of the social activities at the respondent’s (employer) premises was seamless. To my mind, there appears to be no interruption or deviation from the intended beneficial purpose to the employer of allowing a Christmas celebration to facilitate a harmonious working group,” said the judge.
The judge pinpointed that since the social event was exclusively held for his employees, the employer organised a taxi from the tavern to their premises; further, drinks were provided to the employees and music was played (encouraging them to be there), and no one was asked to leave the premises were the key factors behind the decision.
“This matter demonstrates that at the end of the day, employers are responsible for the safety of their workers – and this duty extends to all work-related locations such as work Christmas parties. If someone is injured at the staff party or on their way to or from the function, they may be eligible to apply for workers’ compensation to help support them for any loss of income or medical expenses,” said Dey.
“At your end-of-year celebrations, you should absolutely have fun and relax with your colleagues. But it’s important for employers to remember that they still need to take every reasonable step to make sure the party is a safe environment for their team members.
“Employers should keep in mind that it’s not always clear where the work party ends, especially if they’re inviting people back to their house.”
Source: HR Leader
