A crash involving a golf cart in pursuit of a kangaroo on their boss’ property has reminded employers to provide a safe work environment, even if the end of year work party has changed location.
Work and Roads Lawyer at Slater and Gordon Shweta Dey said that most injuries that occur at a work Christmas party will be covered.
“Just like the usual workplace, it’s an employer’s responsibility to ensure a safe environment for its employees. It being a party doesn’t change this, it’s still considered a work environment.
“But where the work Christmas party ends may be surprising for employers. Hattenfels v Richards Panel Pty Ltd is a perfect example of this,” Ms Dey said.
Hattenfels v Richards Panel Pty Matter:
- A work Christmas party was hosted at a local tavern, where meals and alcohol were provided for employees.
- After the tavern closed, at the direction of the office manager, employees travelled back to the manager’s house via taxis where more alcoholic beverages were supplied – both were paid for by the employer.
- The manager owned a golf cart that was designed for 2 passengers.
- At 3am, a group of 3 took the golf cart (with permission) to observe kangaroos. The claimant and another employee also jumped on the back of the cart during the evening. They continued to drive slowly and not recklessly (total 5 people on the cart).
- During the course of the drive, the claimant fell off and suffered a serious head injury.
“Following the injury the claimant was diagnosed with a traumatic brain injury. The Court had to consider whether the injury, which occurred at a Christmas party, arose as a result of the claimant’s employment,” Ms Dey said.
The Judge held that the injury sustained by the employee was a workplace injury, saying: I accept that the continuation of the social activities at the respondents (employers) premises was seamless. To my mind there appears to be no interruption or deviation from the intended beneficial purpose to the employer of allowing a Christmas celebration to facilitate a harmonious working group.
In making this conclusion, the Judge considered the following factors:
- The social event was exclusively held for his employees;
- After the events at the tavern had finished, the employer organised a taxi from the tavern to their premises;
- After all the employees arrived at the employer’s residence, further drinks were provided to the employees and music was played (encouraging them to be there); and
- No one was asked to leave the premises.
“This matter demonstrated that at the end of the day employers are responsible for the safety of their workers – and this duty extends to all work-related locations such as work Christmas parties.
“If someone is injured at the staff party or on their way to or from the function, they may be eligible to apply for workers’ compensation to help support them for any loss of income or medical expenses.
“At your end of year celebrations, you should absolutely have fun and relax with your colleagues. But it’s important for employers to remember that they still need to take every reasonable step to make sure the party is a safe environment for their team members.
“Employers should keep in mind that it’s not always clear where the work party ends, especially if they’re inviting people back to their house,” Ms Dey said.
Contact details:
cassandra.yiannacou@slatergordon.com.au
