- within Employment and HR topic(s)
- with Senior Company Executives, HR and Finance and Tax Executives
- with readers working within the Accounting & Consultancy, Automotive and Banking & Credit industries
As the holiday season quickly approaches, many employers are preparing for their annual office holiday party. Although this time of year provides an excellent opportunity for colleagues to come together and celebrate their accomplishments over the past year, holiday parties also come with a host of legal risks if they are not carefully planned. In this article, we will review some best practices for employers to consider as they plan their office holiday parties.
Employer Liability When Holiday Parties Go Awry
Employers in Canada have a statutory obligation to provide a safe working environment that is free from harassment and discrimination. This obligation generally extends to work-related social gatherings, including company holiday parties, even when such events take place offsite and/or outside normal working hours. If an employee is harassed or bullied at a company holiday party or injured on the way to or home from the party, the incident or injury may be deemed work-related and subject to a claim under occupational health and safety, human rights, or workers' compensation legislation.
Best Practices for Ensuring a Safe and Successful Holiday Party
To mitigate the risks outlined above and ensure that your office holiday party is a safe, inclusive, and enjoyable event for all guests, we recommend adhering to the following best practices:
1. When in the planning stage, consider accessibility, inclusion, and religious observances.
Successful holiday parties begin with thoughtful planning that considers the needs of all employees, including those with religious and/or disability-related accommodation requirements. Before booking a venue, ensure that the date of your event does not conflict with the religious observances of your workforce. Avoid centering your holiday party around a single religious theme (e.g., Christmas). Menus should incorporate options for various dietary requirements, food allergies, and sensitivities. The chosen venue should also be able to accommodate all employees comfortably, including those with mobility needs.
2. To avoid claims for unpaid compensation, reiterate that attendance at the holiday party is optional.
If a holiday party is scheduled to take place after normal working hours, employers should make clear that attendance is optional. However, if employees are required to perform work-related tasks during the event, they may be entitled to additional compensation for their hours worked.
3. Leading up to the event, reinforce the obligation to comply with company policies.
In advance of the party, employers should remind all employees that all workplace rules and policies remain in effect during the holiday party, including policies dealing with harassment, sexual harassment, workplace violence, and health and safety, as well as codes of conduct. This can be accomplished through an email memorandum or a brief meeting with employees, as appropriate. Where applicable, employers should expressly remind employees of their policies on the consumption of alcohol and/or cannabis products during company social events. Importantly, members of management and human resources should be reminded that the company expects them to set an example of professionalism at the holiday party.
4. Avoid turning the holiday party into a superspreader event.
In an effort to promote health awareness and avoid spreading illnesses during the peak cold, flu, and COVID-19 season, employers should also remind employees to stay home if they are feeling unwell and/or experiencing cold and flu symptoms.
5. Promote responsible alcohol consumption.
If you plan to serve alcohol at your holiday party, it is imperative that all servers have the necessary certifications to do so safely (Smart Serve in Ontario, Serving It Right in BC, and ProServe in Alberta). Ensure that your drink menu contains non-alcoholic beverage options. The bar should close at least one hour before the party is scheduled to conclude.
If you are concerned that employees may overindulge at an open bar, consider instead providing a limited number of alcoholic drink tickets to all guests in lieu of an open bar. Alternatively, consider a daytime holiday party (e.g., a lunch or brunch) that includes employees' spouses and/or children as a means of curbing potential overconsumption.
If you take the precautions outlined above and certain colleagues still become intoxicated, take active steps to ensure that they do not drive home. Instruct bartenders to stop serving drinks to that employee, if they have not already done so, and arrange for the employee to take a taxi or Uber home at the company's cost. If the employee becomes unruly, contact their emergency contact and/or call for police assistance, as necessary. Senior managers and members of the company's HR team should be made aware of procedures to follow if they identify an employee who has become intoxicated or who is otherwise behaving inappropriately.
6. No mistletoe. Period.
It goes without saying, but employers should avoid any games, activities, or holiday décor that could encourage inappropriate workplace behaviour.
7. Ensure everyone gets home safely.
We strongly recommend that employers provide all employees who attend the office holiday party with taxi chits or ride-share vouchers to ensure they arrive home safely. Employees should be reminded in advance to leave their cars at home on the day of the holiday party. Although this step comes at a financial cost, avoiding a scenario in which an employee drives home while intoxicated and potentially harms themselves or others is well worth the investment.
Depending on the circumstances and location of the holiday party, employers may wish to arrange for hotel accommodation nearby (ideally, at a discounted or group price) for employees who live far from the venue and will not be able to get home on the night of the party.
Conclusion
Although office holiday parties provide a valuable opportunity to celebrate the year gone by with colleagues and friends, they are not without risk. Thoughtful planning and proactive risk management are essential to ensuring that your holiday party is a success and does not expose your company to unanticipated legal liabilities.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
