Employers should be mindful of the risks that come with encouraging staff to participate in social events, including sporting matches, during work hours.
Pursuant to the Workers Compensation Act 1987 (NSW), Workers Compensation may be payable to an employee where their employment is considered a ‘substantial contributing factor’ to an injury. For example, where an employee is physically injured whilst undertaking their duties at work.
However, compensation may still be payable whether the injury was received at or away from the worker’s place of employment. For example, this could include participating in a sporting team with fellow employees outside of the workplace.
Where a staff sporting team has been sponsored or supported by the employer to the employees and that sport occurs during work hours, it is likely that this will be viewed as being in connection to the workplace. For example, if the employer contributes to registration fees, the cost of shirts or uniforms and they encourage participation from employees, this may open the risk for liability.
If, during any sporting or social events in connection with work, an employee is injured, that employee may have grounds to bring a Workers Compensation claim. The employer would be liable for this claim.
Therefore, it is important for employers to be mindful of these risks when encouraging and promoting staff participation in social events where employees may be injured.
The right to bring a Workers Compensation claim is not something that can be waived by employers, as it is a legislative right that employees are entitled to. Meaning, generally employers cannot contract out of, or make employees sign a waiver to, release their rights with respect to bringing a Workers Compensation claim if they participate in a work sanctioned sport event.
If you have any queries regarding workplace issues, please contact Aaran Johnson or Simon Kumar to discuss how Marsdens can assist your business.
The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.
