As the end of the year draws nearer, businesses will likely be hosting end-of-year events, team-building activities and Christmas parties. But what happens when an employee has too much fun and injures themselves? Is the employer liable for workers compensation payments? What if the finance team are having a friendly game of cricket and someone gets it in the head with a fly ball? Whilst these events are a good opportunity to escape the office environment and have a bit of fun with fellow colleagues, employers need to be aware they may still have a duty of care to employees.
There is no easy line to determine whether an employer is liable for a work-related social event and a number of factors need to be considered.
When is the activity?
If the activity or event occurs during work hours, then there is a good chance it falls within the scope of workplace liability and if an injury occurs, workers compensation insurance, usually through WorkCover Qld, may be accessed. It is important to understand how this differs from an activity occurring between two shifts. For example, a shift worker who injures themselves playing golf between two shifts will not be able to access workers compensation insurance as this is a personal activity conducted outside of their work hours.
Is the activity supported or sponsored by the employer?
If the employer endorses the activity, even mildly, they could have liability for any injuries that occur. Employer support may be shown through donations, allowing employees to have time off to complete the activity or providing employees with any sort of encouragement to complete the activity. For example, if an employer emails staff informing them of a charity run in two weeks, this could be viewed as an activity supported by the business and the employer may be deemed liable. An employer could even be considered liable for a weekend cricket game if it organises the date and time of the game or manages sign-ups for the teams.
Where is the activity?
If an activity is occurring on the company premises, it is very likely liability will apply. An example might be an employer bringing in a yoga instructor to run a yoga class during lunch.
Liability limits
It is important to mention an employer’s liability may not extend if the employee’s conduct is abnormal. For example, liability might extend to a workplace football game, but if an employee does a backflip to celebrate scoring a try and injures themselves, liability may not extend to the injury that occurred from the poorly executed backflip. Liability also may not extend in situations where the employee engages in wilful misconduct.
What can employers do?
It is important to remember for any activity or event occurring, employers should take reasonable steps to be safe. Below are some measures employers can take:
- Set ground rules – inform the employees beforehand what is acceptable behaviour and who is in charge of the activity. Ground rules can be emailed to the employees prior to the event and reiterated at the start of the event.
- Safety first – wherever the activity is taking place, ensure the venue is prepared and all necessary equipment, including first aid, is available.
- Be aware of unofficial activities – make it clear to employees that any unofficial activities such as lunchtime footy in the carpark will not be supported by the employer.
- Consider a waiver – waivers cannot exclude statutory or common law rights and will not automatically exclude an employee from being able to claim workers’ compensation for their injury. Waivers can be helpful by way of suggesting the range of behaviours expected and the agreed intentions of the employee during the activity.
How can Business Chamber Queensland help?
Business Chamber Queensland members with HR services as part of their membership can contact the Workplace Advisory Services team:
P: 1300 731 988
E: [email protected]
A consultancy fee will apply to businesses who do not have a HR membership.
