Each year, many employers take advantage of the holiday season to thank their employees by organizing an event. The festive and friendly atmosphere of such an event may be conducive to situations of discrimination or harassment. As such, it is important for employers to take the necessary precautions in order to avoid complaints and potential liability.

The Act Respecting Labour Standards of Quebec imposes on employers the obligation to prevent psychological harassment and to put a stop to any such behaviour which is brought to its attention. This obligation extends to all social events organized by an employer, notwithstanding the hour or the location of the event. Several measures may be taken before the event in order to reduce the risk of situations of harassment, namely :

  • Remind employees of the company's code of conduct;
  • Promote the adoption of professional behaviour among management employees;
  • Limit the consumption of alcohol;
  • Avoid embarrassing games or games of a sexual nature;
  • Invite employees' spouses;
  • Prepare a seating plan of the tables in order to determine in advance which employees will be sitting together during the meal, as the case may be.

In addition, during the event, some employees can be designated to react quickly to situations susceptible to escalate. It is important to note that an employee's inappropriate behaviour during an event may be sanctioned by the employer and this, even if the act was committed outside working hours and outside the workplace (Association internationale des machinistes et des travailleuses et travailleurs de l'aérospatiale, district 140, Local 2309 et Servisair (A. Minassian), D.T.E. 2009T-448 (T.A.)).

Recently, Canadian common law courts recognized the liability of an employer who allowed an employee to leave an event in a drunken state and who was in a car accident. (Jacobsen v. Nike Canada Ltd.,133 D.L.R. (4th) 377 (1996)). However, this situation is different in Quebec as a result of the legislative regime of the indemnification of victims, without regard to fault. That being said, all employers have a duty to protect the health and safety of its employees and this, even outside the workplace. In order to ensure that employees arrive home safely, it is important to implement the following measures:

  • Restrict the consumption of alcohol by implementing a coupon system, by offering non-alcoholic beverages or by reducing the amount of time that alcohol is served;
  • Designate certain employees to discretely oversee the consumption of alcohol of attendees;
  • Invite employees to obtain taxi coupons before the event, at the cost of the employer;
  • Remind employees during the evening of different available services such as public transportation, Operation Red Nose, taxi and carpooling.

Happy holidays!

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