In The Red Rock Company v Scharrer an employee was denied workers compensation after she sustained injuries on her way home from a Christmas party.
The employee drove home after a Christmas party with a blood alcohol level of .124. The employer initially accepted liability for workers compensation, however, later appealed.
It was argued by the employer that the injury had not occurred during the course of employment, and that employees were directed not to drive after they had been drinking.
It was found that the injury did not occur in the course of employment. The employee would usually take 30 minutes to get home, and the accident occurred an hour after she left the party. The employee was in control of a vehicle over the legal limit, disobeying a direction of her employer. The employee could not show that alcohol did not contribute to her injury, which disqualified her from receiving benefits.
Christmas time brings with it celebrations. However, incidents causing injury arising from work functions are usually considered to be in the course of employment and are compensable. Employers should not allow employees to drive home after they have been drinking.