Qld: Don't go over the top at the Christmas party

AAP General News (Australia)
12-10-2004
Qld: Don't go over the top at the Christmas party

By Rosemary Desmond

BRISBANE, Dec 10 AAP - Bosses could be up for more than just the cost of food and drinks
at the Christmas party, a business leader said today.

They could also wind up in court, said Commerce Queensland president Graham Heilbronn.

Sexual harassment cases that were not the fault of the employer were ending in litigation
in the aftermath of work-related parties.

Other cases involved dangerous or potentially life-threatening behaviour by employees,
including drug taking and driving home under the influence.

"It's sad really that it's come down to this, but the employer seems to be the person
in the gun, regardless of who is responsible, who participated and who did what," Mr Heilbronn
said.

"If you haven't planned it and you haven't set down some rules, then you are liable."

All employers should make it clear to staff before their party the standard of behaviour
expected of them under the company's Workplace Health and Safety Act obligations and how
to stay on the right side of the law, Mr Heilbronn said.

"Whenever you are having a big do or you are having your rugby days and that sort of
thing, you should be going through the same process every time," Mr Heilbronn said.

"It's over the top because of the way the legislation has gone.

"Responsibility should be shared but I think the onerous side of it increasingly comes
back onto the employer, even in a small firm."

Young employees were particularly vulnerable as they often had little experience of
drinking at the office Christmas party and many could not afford to take a taxi home.

But the area of employer responsibility did not end with Christmas parties, with some
employers choosing to reward some of their staff with visits to brothels, he said.

Mr Heilbronn said brothel visits could really leave employers wide open to litigation.

"(An) employee's home life comes into it too, so you'd have to be a pretty stupid sort
of employer in today's climate to come at that sort of thing."

AAP rad/sc/bes/jlw

KEYWORD: XMAS PARTIES

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