When December comes around, it's hard not to let the silly season get the best of you. After all, the sun is shining a little brighter and the energy at work just feels lighter.
But with December comes the work Christmas party — a place where you can kick back and relax with your colleagues over a couple of drinks. At least, that's what it's meant to be like.
With endless bar tabs, it's easy to see work Christmas parties turn from zero to 100 as some lose their inhibitions and in the process, their decision-making skills.
What has cost workers their jobs?
In 2018, a supermarket warehouse worker argued that he had been unfairly dismissed after throwing a full glass of beer — an incident he said he could not recall — at colleagues at a Christmas party. This came after bar staff had limited his service to one drink per order before cutting him off. He also alleged they had directed a racial slur at him.
He argued it was unfair dismissal because, among other things, it should not have been considered an official function because no employees were in uniform and no managers were in attendance. He also argued the supermarket should bear some responsibility because it paid for food and alcohol.
But The Fair Work Commission found his dismissal justified, with a commissioner saying his behaviour was serious and could cause serious injury.
In a separate case in 2015, a man was dismissed after repeatedly haranguing a fellow employee, pushing and poking him, and then finally throwing him fully clothed into a swimming pool at a Christmas party. He'd also refused to leave the premises when asked.
He said he had no recollection of the events and launched an unfair dismissal case. However, the Fair Work Commission rejected this because his employer had provided him with reasons for his dismissal, ample opportunity to respond to them, and allowed him to bring a support person to meetings in the lead-up to his dismissal.
The man did not use the fact he had been drinking as an excuse for his behaviour but was critical of his employer for supplying alcohol. The commissioner said employers may be held responsible for some events attributable to excess alcohol consumption if they have no steps to ensure it is consumed responsibly, but employees who drink will also be held responsible for their own actions.
'Know your limits'
Senior associate at Slater and Gordon Lawyers, El Leverington, says it's important for people to be sensible at work Christmas parties.
"Be sensible, know your limits and treat people with respect the same way you should always do in your workplace," Leverington told SBS News.
"And remember that the same laws around sexual harassment, discrimination, and workplace health and safety will apply at your work Christmas party as they would any other time of your work life."
While we often hear a spiel from our managers about being on our best behaviour at the work Christmas party, there's a good reason why.
"You can be held liable for your conduct at the workplace Christmas party when you get back to the office," Leverington said.
"A work Christmas party should be treated like any other day at work in that it doesn't mean your behaviour can go out the window."
Ahead, what you should (and shouldn't) do at your work Christmas party.
One of the biggest risks at work Christmas parties is alcohol. Source: Getty / Picture Alliance/dpa
Don't drink too much grog
The number one ingredient for a bad time at a work Christmas party is alcohol.
"The biggest risk and also the most obvious one is alcohol," Leverington said. "Many Christmas parties will obviously have alcohol involved and I think it's important to know your limits."
Between open bars and a desire to cut loose, we might get carried away and drink more than we initially planned.
This can lead to a loss of inhibitions and poor decision-making, which could spell bad news later on in the night.
"People say and do things they probably wouldn't do if they were actually at work, and often that is fuelled by alcohol," Leverington said.
"So it might be becoming aggressive, or it might be making really silly or inappropriate jokes about politics, religion, and sex.
"Employees need to act with some common sense and treat the end-of-year party like any other day at work and behave accordingly.
"Obviously, you might have a couple of beers, but don't get too silly."
Woken up after your Christmas party feeling like a fool? Leverington says if you're worried you've said or done something a bit silly or problematic, it's best to own up to your actions.
"While that won't mean that you won't suffer the repercussions of whatever you may have said or done, generally owning your conduct will always assist you."
Log off social media
A story or a comment on Instagram might not seem like a big deal, but Leverington cautions attendees to be hyper-vigilant of social media posts during the party, especially if they're drinking.
"Courts and the Fair Work Commission have taken the view that online posts are a public comment and there's no requirement for the workplace to have a specific policy to indicate whether or not that's an acceptable thing to do," she said.
Leverington said she's seen cases, where people have been disciplined by their workplace because they have commented on a photo posted by a colleague, insinuating another employee, was intoxicated.
"It's not just a question of whether you post something that might be inappropriate or damaging. It can also be a comment that you make on someone else's post."
Be wary of smooches
An increase in alcohol might make you put rose-coloured glasses on. But Leverington cautions against kissing any of your colleagues.
"In terms of an office Christmas party where it's a new flame or maybe just a one-off, it's really important to keep in mind principles around consent and whether or not the person that you are pashing also wants to be pashing you," she said.
She also encourages party-goers to think through the hierarchical structure of the workplace before locking lips with anyone.
"It might seem like a really fun idea at the time at the end of a big year, but if you're making out with someone who's a lot more junior to you, that might raise some problems in the future."
Tread afterparties with caution
While many might be aware that they're held to their workplace standards at the Christmas party, things get a little blurrier later in the night as people waddle over to an afterparty.
But even post-Christmas party hangouts might still be held to the same workplace standards.
"There's a really fine line," Leverington said, adding that events outside of the work party might still be constituted as a workplace event.
"Employers are still liable for their employee's conduct."
Report anything that doesn't feel right
Christmas parties and other work events that involve alcohol are often more likely to lead to instances of sexual harassment.
Approximately one in three Australians have experienced sexual harassment at work in the last five years, according to Respect Victoria.
"The policies and laws around discrimination and treating each other with respect and sexual harassment, they don't go out the window. They still apply even in the context of a workplace Christmas party," Leverington said.
"For example, if you were to grope a colleague at a bar, you could still be disciplined within your workplace."
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If you're not feeling safe at your Christmas party, Leverington says you should first make someone aware you're not feeling safe — whether that's a colleague or a security guard at the venue.
"Then I would encourage you to make a record of what occurred as soon as possible so the workplace can deal with it," she said.
"That might be sending a contemporaneous email or it might be telling a manager, but it's important to make a record of that complaint and of your recollection of what happened."
What rights do employees have?
Work and safety obligations in the workplace will still extend to work-organised Christmas functions, Leverington says.
That means if you're injured during your Christmas barefoot bowls, you might be able to make a claim against your employer as they failed to keep you safe at work.
Similarly, if alcohol is being served at your event, you should also expect there will be sufficient food available.
"We know that courts and tribunals have been very critical of employers in relation to the provision of alcohol at workplace events and food should also be provided as well as non-alcoholic drinks."
You might also be eligible for a taxi fare home from your work.
"Employers should also be really conscious of how employees are going to get home after the festivities. It's generally best practice to provide, for example, a cabcharge to facilitate them getting home, particularly if the event is anticipated to finish late at night."
"It should also be well understood that inappropriate behaviour will not be tolerated within a work-related Christmas party."
