As the holiday season approaches in New Zealand, businesses prepare for Christmas parties to celebrate their achievements. However, amidst the joy, there’s a risk of legal issues and harassment claims related to employment regulations. To avoid complications, employers should proactively implement policies to prevent harassment, especially of a sexual nature, during social gatherings.
The prevention of workplace harassment is a priority for New Zealand authorities, and recent cases emphasise their commitment to penalising unlawful harassment. In one case this year the Authority awarded an employee $28,000 compensation and $15,153 lost wages. It also ordered the employer company to pay $16,000 in penalties and the company director $4,000 in penalties.
The Ministry of Justice estimates that more than one in five New Zealand adults experience sexual assault in their lifetime.
To protect employees and businesses:
- Ensure HR and Health and Safety at Work (HSW) policies on conduct and harassment are in place and include them in induction training.
- Send a memo or discuss policies in team meetings before the event to remind staff of acceptable behaviour.
- Emphasise responsible alcohol consumption, appropriate behaviour and consider after-party activities such as travel home.
Alcohol can lower inhibitions, so employers must take reasonable steps to prevent harassment at the work function and on the journey home. If employees breach standards, disciplinary processes, including termination, may be applied.
Clear and comprehensive HR policies are essential for a positive work environment. Consider policies on drug and alcohol, performance, disciplinary processes, grievance procedures, duty of care, social media, anti-discrimination, bullying and harassment, code of conduct and privacy.
When serving alcohol at work functions, be aware of legal and ethical considerations:
- Responsible Service of Alcohol (RSA)
- Management Liability and Duty of Care
- Harassment and Misconduct
- Designated Drivers or Transportation
- Insurance Coverage
- Clear Policies
- Optional Attendance
- Ramifications for Misconduct
Prevention is key to ensuring a safe and responsible environment during holiday celebrations.
For any questions or support in creating your workplace policies, contact the team at Business 360 today.
CLICK HERE or scan below to schedule a time to discuss your business needs or call us on 0800 449 289 or email info@business360.co.nz.
