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 morale 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 one case, the Fair Work Commission (“FWC”) found an employee was fairly dismissed following his inappropriate behaviour at a work function. The employer, Westpac, organised voluntary “sundowner” drinks following a professional development day. While the conduct occurred following the drinks, the FWC noted that the employees were at the venue “as a consequence of their attendance at the workshop and the sundowner in the course of their employment”.

While the employee’s dismissal was upheld, the FWC was critical of Westpac’s organisation of the event given the choice of venue, unrestricted free alcohol, attendance being encouraged and no effort being made to ensure employees got home safely.

The supply of alcohol at work functions

Many work functions involve the consumption of alcohol. However, the decision of the FWC reflects the changing attitude of society towards alcohol and alcohol-fuelled behaviour. With many organisations aiming to promote inclusive environments for employees of diverse ethnic and religious backgrounds, many organisations have distanced themselves from work functions centred around alcohol. The FWC commented that Westpac’s decision was an “odd choice for an organisation purporting to…create a work environment that welcomes women and employees of diverse ethnic and religious backgrounds”. The FWC further went on to query “whether the service of alcohol is necessary or even an appropriate element of work-related events given the poor judgement often associated with the consumption of alcohol”.

Risk management at work functions

Employers must take steps to ensure they appropriately manage the risks of off-site events and are aware of their obligations to employees. Steps that employers can take to minimise the risks at work functions include:

• organising functions that are not purely centred around alcohol consumption;
• providing non-alcoholic drinks and ensuring there is food available;
• ensuring employees are familiar with workplace policies about the required standard of behaviour at work functions;
• specifying clear starting and finishing times for functions;
• ensuring those in leadership positions lead by example; and
• providing a means of safe transport home for employees.