Christmas Parties and Employer Liability
Tuesday 9 September 2014 @ 11.58 a.m. | Industrial Law
The Queensland Supreme Court has ruled that an employer is not liable for an employee injured by a king hit during a Christmas party in the case of Packer v Tall Ships Sailing Cruises [2014] QSC 212.
Facts of the Case
Jay Packer was attending the Christmas party along with his children for his employer Commercial Waterproofing Services (CWS). CWS had 90 people on board the cruise, which went from the Gold Coast to South Stradbroke Island. But the business shared the cruise with a group of 20 from Marine Malouf.
Alcohol was served on the cruise and some of the Marine Malouf party became rowdy and were swearing within earshot of the children with the CWS party. Packer twice asked the Marine Malouf group to tone it down, and on the second occasion was hit from behind by an unidentified member of the Marine Malouf group. Packer was hospitalised and had to have two plates inserted and nine screws to reconstruct his facial bones.
Decision by Supreme Court of Queensland
Parker sued TSSCA and CWS, alleging both had breached their duty of care to him. But Justice Jackson found that while both companies had a duty of care, neither had breached it. He rejected Packer’s argument that TSSCA should have engaged additional security personnel for the trip.
Justice Jackson said CWS, as an employer, owed its employees a duty of care in contract and in tort, which encompassed an obligation to take reasonable steps for their safety. But he said it was unrealistic to require to CWS to audit conditions at McLarens Landing and on the ship for the return journey as Packer had argued.
Packer was denied compensation for any past or future economic loss incurred as a result of the incident.
Result from Decision
Alison Barrett, principal at law firm Maurice Blackburn, says the decision reinforces an employer’s duty of care to employees even when attending a work function or social event:
"For employers when they are arranging work social events such as this one it is important to understand they still owe a duty of care to their employees but the nature and extent of the duty of care is going to depend on the level of control the employer has over the venue and risk of an injury."
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Sources:
Packer v Tall Ships Sailing Cruises Aust P/L & Anor [2014] QSC 212 (29 August 2014)
