WHAT happens at the work party does not stay at the work party, and it may leave you searching for a job in the new year, says lawyer El Leverington.

She says not only do employees need to remember that inappropriate behaviour could cost them their job, but employers also have a duty to ensure a safe environment.

“While some cases of dismissal are obvious, such as the man in Fremantle who was fired after drunkenly pushing his fully clothed manager into a pool during the office Christmas party before swearing at the general manager and starting a physical fight, other examples of bad behaviour that have led to lawful termination of employment are less obvious,” says Ms Leverington, a senior associate in industrial and employment law with Slater and Gordon.

She points to the kickboxing trainer in Melbourne, who was dismissed after lying about his sick wife as an excuse to leave his work’s end-of-year awards night early, to attend a competitor’s Christmas function.

“Because the office end of year party is deemed a work function, employers can also be held responsible for their employees’ actions,” she says.

“In the eyes of the law, there is a connection between the workplace and end-of-year celebrations, so legal obligations around discrimination, sexual harassment and workplace health and safety apply and have been enforced in a broad array of situations.”

Ms Leverington cited a couple of examples where an employer has been held responsible for an employee’s conduct at a work party:

• A sexual discrimination complaint upheld against a Sydney business for not inviting the only female staff member to the Christmas party so that they could hire a topless waitress, to which she had previously objected.
• A workers’ compensation case in the ACT where an employee twisted her ankle, fell over and broke her leg at the Christmas party, which was held to be during the course of employment even though the function was after hours.

“If you’re contesting a dismissal, it’s also important to note that there have been some cases which have set an important principle about what constitutes work-related conduct,” Ms Leverington says.

“In Keron v Westpac Banking Corporation [2022] FWC 221, during a networking event where Westpac provided free drinks for two hours, a male manager groped a female colleague. When another female colleague asked security guards later in the night not to let him into a casino, he verbally abused her. There was an internal investigation and immediate termination of the manager’s employment.

“The manager filed for an unfair dismissal application, and the Fair Work Commission (FWC) found that while the first incident was sufficiently connected to employment, the second incident was not.

“While the dismissal was upheld, the FWC found that the manager’s conduct ‘occurred on the border between a work-related event and private activities’, and Deputy President Binet observed that that boundary had been ‘blurred for [the manager] by his alcohol consumption at least in part provided by his employer’.

“The FWC was also very critical of Westpac’s choice to provide free alcohol during the networking event citing that it was not conducive to their obligations regarding safety.

“So, remember, whether you’re the boss or an intern, everyone can be held accountable for their end of year party behaviour.”