Misbehave and you could lose your job or be sued, says law firm

MELBOURNE, OCTOBER 28, 2008-–Workers attending corporate events during this year’s Spring racing carnival need to be aware the laws that apply in the office may also hold in the company marquee---or even the members’ car park.

Workplace relations lawyer Stuart Kollmorgen, a partner at Deacons, warns workers and their bosses that if an employee is at the races at the request of their employer then the marquee is an extension of their workplace in the eyes of the law. That holds true for the members' stand, pre- or post-match bar and the restaurant too, he says.

"The Spring carnival is not only our premier horse racing event, it's the biggest corporate entertaining event in this country. After all, the Melbourne Cup is the race that stops a nation," says Mr Kollmorgen. "People drink, sometimes too much and employers need to be aware they are liable for the actions of not just their employees but also of the guests towards their employees."

"Even the boot of a car in the members' car park, or the pre-race day chicken and champagne breakfast by the river may be considered a workplace if the company supplies the catering or employees are asked to host clients," he warns.

Common risks include personal injury claims resulting from an employee injuring themselves through to sexual harassment claims arising out of inappropriate behaviour, often brought about by an over-indulgence in alcohol.

Employers need to take precautions to lessen their legal exposure, he says.

“This may involve ensuring someone at the event is responsible for the safety of that "workplace" and clearly communicating the expectations of the company when employees are entertaining or being entertained."

"This also applies to employees who don’t want to top off a great day at the races in a hospital bed or without a job," Mr Kollmorgen says.

"Many employers have in place policies and procedures to minimise liability risk in connection to the annual Christmas party, however major events like this can slip through the cracks and leave organisations equally exposed," he adds.

For further information please contact Paul McKeon, Deacons, +61 2 9330 8650 or +61 414 596 266

www.deacons.com.au