Time for a (Christmas) party

Company parties and work injuries

Typically, an injury is only a work injury if the accident occurs at work, at the workplace and during working hours. However, when the injury occurs during a Christmas party or other social events, it can often be unclear whether it is a work injury.

A specific case where the accident was considered a work injury involved a sledding accident during a work event arranged and paid for by the company. The employee crashed into a tree and injured his head and shoulder. The activity was part of the professional program of the event, and although the sledding itself was not mandatory, the company expected all employees to participate.

Another case involved a work injury when an employee slipped on the ice. At the company’s request, the employee was running an errand in connection with the company Christmas party that day. On her way to her car parked on the company’s parking lot, she slipped and injured herself. As the employee was assigned the task, and this was part of the preparation for an event that would strengthen the employees' working environment, the conditions for work injury were met.

Oppositely, there was no work injury when an employee was pushed and hit his neck and head on a tiled floor in connection with a game. As there was no requirement to attend the Christmas party, and the accident occurred after working hours during a game that could not be described as a team-building activity, the conditions for work injury were not met.

The decisions show that it is important to be aware of whether the activities are voluntary for employees, where and when they take place and the reason for the activities.

What happens privately stays private - or does it?

Even when the Christmas party is held privately, incidents can have consequences for the employment under certain circumstances.

In one case, an employee at a party had called a colleague an idiot, tried to steal wine and punched his boss several times in the chest when he was caught. On later occasions, he had sent several text messages to various female colleagues. Some were told that they were not as attractive as they thought, others that they were attractive and that a relationship should be initiated. Some were also told that they were unintelligent. The Court of Appeal found the termination valid even though the incidents took place outside working hours because he had received repeated warnings and the actions had a negative impact on the working environment.

The decision shows that cooperation problems do not have to take place in the office. And that actions during time off can make a termination without notice and with notice legal, depending on the severity.  

Christmas is a celebration for the hearts

Christmas parties can be merry, but the employees' advances to each other can have consequences for their employment. For example, one employee was terminated for making inappropriate comments to a colleague at a party. These included whether she wanted to participate in a threesome and descriptions of how he wanted to have sex with her. The employee also placed a hand on the colleague's calf and thigh. However, the district court found that neither termination with or without notice was justified. This was because it was an individual incident with no indications of a risk of recurrence.

IUNO’s opinion

With these wise words, we encourage everyone to look after each other out there, and we hope you have a great Christmas (party).