Employees are often asked to attend workplace functions by their employers – be it team building exercises or office parties.The question which then arises in such situations is whether or not the employer is still responsible for the health and safety of his employees.
Health and Safety Duties
In terms of section 8(1) of the Occupational Health and Safety Act, every employer shall provide and maintain a working environment that is safe and without risk to the health of his employees. Therefore, an employer is responsible for his employees when they are conducting work at their respective workplaces.
The Act further that states that an employee is deemed to be at work during the time that he is acting in the course of his employment, and that a workplace constitutes any place where any employee performs work in the course of his employment.
The test therefore, to determine if an employer is liable for his employees’ health and safety at a function, is whether the employee is acting in the course of his employment.
The course of employment encompasses the actual period of employment and the period during which the employee, while on the employer’s premises, prepares to commence or to depart from work.
Employer-sponsored recreational activities such as team building exercises and office functions, are also considered part of the course of employment when organized, encouraged, or supported by the employer.
The South African courts hold the view that in order to determine whether or not a person is acting within the course and scope of his employment, depends of whether he was acting:
Further, it must be determined whether the function was ultimately to the employee’s exclusive benefit or whether the employer had some interest in the activity. An employer will have an interest in team building exercises since a happy, harmonious group of workers who function well together will certainly be to the advantage of the employer’s organisation.
Injuries suffered by an employee while observing, participating, or traveling to or from recreational activities sponsored in whole or in part by the employer but conducted on the employee’s time and off the employer’s premises are not considered to be workplace injuries.
In terms of section 8(1) of the Occupational Health and Safety Act, every employer shall provide and maintain a working environment that is safe and without risk to the health of his employees. Therefore, an employer is responsible for his employees when they are conducting work at their respective workplaces.
The Act further that states that an employee is deemed to be at work during the time that he is acting in the course of his employment, and that a workplace constitutes any place where any employee performs work in the course of his employment.
The test therefore, to determine if an employer is liable for his employees’ health and safety at a function, is whether the employee is acting in the course of his employment.
The course of employment encompasses the actual period of employment and the period during which the employee, while on the employer’s premises, prepares to commence or to depart from work.
Employer-sponsored recreational activities such as team building exercises and office functions, are also considered part of the course of employment when organized, encouraged, or supported by the employer.
The South African courts hold the view that in order to determine whether or not a person is acting within the course and scope of his employment, depends of whether he was acting:
- In the execution of his duties; alternatively
- Acting under the authority of another.
If an employee is compelled to attend a compulsory work function, for example, the employer will not be relieved from his duties under the Act, since that employee is acting under the employer’s authority by virtue of the fact that he was instructed by the employer to attend that function or activity.
Further, it must be determined whether the function was ultimately to the employee’s exclusive benefit or whether the employer had some interest in the activity. An employer will have an interest in team building exercises since a happy, harmonious group of workers who function well together will certainly be to the advantage of the employer’s organisation.
Injuries suffered by an employee while observing, participating, or traveling to or from recreational activities sponsored in whole or in part by the employer but conducted on the employee’s time and off the employer’s premises are not considered to be workplace injuries.
Where the function or activity is part of the employee’s compensation, an injury will be considered to be a workplace injury, and therefore compensation in terms of the COID Act could be claimed. If an employer, for business reasons such as brand promotion, arranges and pays for an employee to join and participate in a social or athletic club, the employee’s activities are an incident of the course of employment and an injury is, therefore, compensable.
Therefore, in conclusion, employers need to be acutely aware of the fact that if they arrange functions in which they have an interest and instruct their employees to attend, they are ultimately responsible for the health and safety of those employees who are in attendance.
The fact that the employee is acting under the control or authority of his employer by attending such a function means that he will be protected by our health and safety legislation, and action could be instituted against the employer.
