Illawarra Mercury

Keep it legal at your work Christmas partyAdvertising Feature

Jeanette Woollacott is an accredited specialist in Personal Injury Law and a senior associate with Turner Freeman's Wollongong office.
Jeanette Woollacott is an accredited specialist in Personal Injury Law and a senior associate with Turner Freeman's Wollongong office.

With the festive season now upon us, hardworking employees across NSW eagerly prepare for their annual Christmas party.

However, amongst the joy and merriment, there are legal considerations that employees must bear in mind to ensure a memorable yet trouble-free celebration.

Under NSW laws, office Christmas parties are generally considered an extension of the workplace. All workplace policies and regulations relating to conduct, harassment and alcohol consumption therefore remain in effect during these events.

To avoid legal entanglements, its important workers remain vigilant and exercise good judgment. One of the primary concerns is alcohol consumption. While it's common for alcohol to be served at the work Christmas party, moderation and responsibility are key.

It's important to respect company policies regarding conduct and to refrain from inappropriate behaviour or excessive drinking.

Unwelcome behaviours, such as inappropriate jokes, offensive remarks, or any form of harassment, are all as unacceptable at the Christmas party as they are during any normal working day in the office or factory. Such behaviour may lead to disciplinary action, or at worst dismissal.

With vigorous dancing, excessive alcohol, games and activities, the Christmas party is also a haven for potential injuries. Your employer has a duty of care to ensure your safety and wellbeing at work functions, including off-site end of year parties.

If you're injured at your work Christmas party, then you may be able to make a claim for workers compensation. However, there are exceptions to the rule.

Serious and wilful misconduct causing injury, such as falling over whilst intoxicated, or engaging in risky behaviour, may not be covered under the workers compensation scheme.

There is also a provision in the NSW motor accidents legislation preventing claims being made for injuries sustained when you have been charged with or convicted of a serious driving offence.

Under NSW laws, office Christmas parties are generally considered an extension of the workplace.

So, if you are planning on driving from the Christmas party, be aware of your alcohol consumption. If you are involved in a car accident and found to be over the limit, you may not be able to make a claim for your injuries.

Finally, in this digital age, what happens at the office Christmas party might not stay there. Employees should exercise caution when posting on social media platforms during or after the event. Sharing inappropriate content or photos that could reflect negatively on colleagues or the company might also result in disciplinary action or your dismissal.

If your Christmas party turns into a legal hangover call Turner Freeman's personal injury or employment law experts on 4220 5250 for a free first consultation.

Turner Freeman Wollongong wishes all readers a safe and happy festive season!