Three things businesses must know before throwing an end-of-year party

For many workplaces, this month will mark the first time the team has gathered for an end-of-year party in two years as the pandemic drove workers into their loungerooms and shuttered pubs, restaurants and bars.

But, just as Qantas CEO Alan Joyce declared travellers not “match-fit” upon their somewhat chaotic return to airports, workers may not be “match-fit” for an alcohol-filled staff party, particularly in light of new workplace laws.

Here are three important considerations any business must think about before holding an end-of-year party this year.

Offer low- and non-alcoholic drink options for staff

The past two years have seen a surge in high-quality non-alcoholic beverages as a new wave of health-conscious teetotallers dubbed ‘Gen Sober’ embraced a glass of cold kombucha instead of a raging headache the next day.

It’s a $152 million industry with a forecasted growth rate of 31% a year, and the business community has wasted no time offering them non-alcoholic dead ringers for beer, wine, cider and even spirits like gin, tequila and vodka.

If your workplace is providing the drinks at the party this silly season, why not look to a female-founded non-alcoholic company supplier like Sip & Enjoy, Sans Drinks, Monday Distillery, NORT Beer, or Seadrift Distillery?

If the party is in a pub, club or restaurant, you can discourage staff from overindulging in alcohol by offering subsidised drinks, adding light and mid-strength beer options to the drinks list, or shifting the party to a brunch or lunch rather than an evening event.

Inform staff the code of conduct is still in place

When the team from media company Mumbrella all got together for their Sydney Christmas party in 2021, an allegedly illicit after-party scandal saw two people depart the business afterwards.

Workplace Law managing director and principal Athena Koelmeyer told SmartCompany it’s important for staff and management alike to be aware ahead of time that “a work-sponsored or endorsed event” is still bound by the company’s code of conduct.

Koelmeyer explains it could look like a few different scenarios: “If the company is paying for drinks, if a manager is paying for drinks, [or] if the lunchtime football team is sponsored by the company”, for instance.

That means that the afterparty can still fall under a company’s code of conduct, particularly if it ends up back on work premises, which “will almost certainly be linked to the employment relationship”, she says, even though the staff were not technically there during office hours.

“The rules that apply to conduct in the workplace would apply and if the employees breached them — regardless of the time, the employer can (and should) take action,” she explains.

Make sure everyone knows the Respect@Work reforms

Hall & Wilcox employment lawyer Fay Calderone says the most significant part of the bill was the inclusion of a positive duty for employers. That means they need to take proactive steps to mitigate the risk of sexual discrimination and harassment, rather than react after the fact.

“‘Reasonable and proportionate measures’ may involve implementing policies and procedures, collecting and monitoring data, providing appropriate support to workers and employees, and delivering training and education on a regular basis,” Calderone explained.

In addition, she adds, a provision now prohibits conduct that subjects another person to a workplace environment that is hostile on the grounds of sex.

That means there is a “requirement that a reasonable person would have anticipated the conduct as being offensive, intimidating or humiliating to another person by reason of their sex, or characteristics that generally appertain or are imputed to persons of their sex”, Calderone says.

Holding Redlich’s workplace specialist David Quinn says it may be worth reminding staff that the reforms mean even “social media can be anti-social”, regardless of whether it is well-intentioned.

“Do staff know that posting inappropriate photos or comments from the Christmas party can be harassment and can result in disciplinary action?”