Time for a (Christmas) party

Company parties and work injuries

As a general rule, an injury is only considered work-related if it is caused by the work itself or the conditions under which the work is carried out. When an accident happens during a Christmas party or another social event, it can be unclear whether the injury is a work-related injury or simply an accident that occurred in the employee’s free time, when the accident happened at a Christmas party or another social event.

In one specific case, it was a work injury when an employee fell and hit his head on the dance floor. The court emphasised that the employee participated in the company event, which lasted several days, as part of his work. Additionally, the court found that the company event included both professional and social elements, and that the boss was present at the time of the accident.

In another case, it was also considered a work injury when a drunk employee fell on the stairs and needed to go to the emergency room to get stitches during a Christmas party. The party was voluntary, but the company had encouraged all employees to attend. It was also emphasised that the Christmas party was planned and paid for by the company.

In contrast, an accident that occurred during a sack race organised by an employee association was not a work injury. This was because the company was not the organiser, had no influence on the activities, and had not acted negligently.

The decisions show that it is important to be aware of who is listed as the organiser of the Christmas party and who pays for it.

Inappropriate behaviour at the Christmas party

Company parties can be merry, but the employees' advances towards each other can have consequences for their employment. For example, an employee was terminated after he put his hand on a female colleague's thigh and slid it up between her legs at a company event. The company had clear rules in place to prevent sexual harassment, and the employee had previously received a warning for inappropriate language. Therefore, the termination was justified.

In another case, an employee was sexually harassed by her manager at a weekend event. The employee went on sick leave and was eventually terminated. The incident was recognised as a work-related injury, but the company was not held responsible for the manager’s behaviour, because they had clear guidelines to prevent sexual harassment and acted quickly by removing the manager. Therefore, the employee did not receive compensation or remuneration.

It went horribly wrong at another company event when an employee ended up sleeping with the boss's wife. Later, when the boss found out, the employee was terminated. The termination was justified because the employee could reasonably assume that sleeping with the boss's wife would cause significant difficulties in their cooperation.

When the company is not at the party

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

In one case, an employee slapped a colleague at a private party. The Danish High Court found that the summary dismissal of the violent employee was unjustified, as the slap happened privately and was not work-related. On the other hand, termination would have been justified, as the two employees had already been experiencing problems working together.

In another case, some colleagues from a residential home attended a private party. During the party, one of the employees poured beer in a colleague's hair and verbally abused a second colleague. He also punched a colleague's spouse in the face. The summary dismissal was justified because the employee's actions were so serious, even though the incident happened in private.

The decisions show that cooperation issues do not necessarily have to occur in the office, and that actions during time off can render a termination either with or without notice legal, depending on the severity.  

When is it the company’s problem?

If an employee crosses the line, it is primarily the employee’s problem. But it can quickly become a problem for the company, as the offended colleague may bring a claim against the employer. This is because the company is obligated to ensure a safe and healthy working environment – free from harassment and sexual harassment.

This issue arose in a case when an employee was subjected to indecent exposure by her manager during a weekend event. The employee later reported sick and was eventually dismissed. The incident was recognised as a workplace injury, but the company was not held liable for the manager’s conduct, because they had clear guidelines to prevent sexual harassment and reacted swiftly by removing the manager. Therefore, the employee didn’t receive compensation or damages.

IUNO's opinion

With these wise words, we encourage everyone to look out for one another. We hope you have a wonderful Christmas (party).