As the calendar moves to December, we enter what some call “the most wonderful time of the year,” with workplace holiday parties and celebrations accompanying this festive season. While these events are a time to unwind and celebrate, employers should be mindful to ensure the health and safety of employees who attend holiday parties or other celebrations and gatherings.
Courts have previously found that employers may be partially responsible for negative consequences and damages from their work-related social gatherings. For example, should an intoxicated employee drive home following a workplace party, the employer may face liability for any related injury to the employee or to an innocent third party. Liability may also arise when employees or their guests at a workplace function engage in unacceptable behaviours such as sexual harassment.
Employers should take the following into account to ensure no issues arise at their holiday events:
Before the Event
- Set consistent expectations for employee and guest behaviour and remind all team members that all workplace rules and policies are still in place during the event.
- Ensure employees are familiar with the employer’s harassment reporting procedure.
- Inform employees and guests that impaired driving is prohibited.
- Offer alternative transportation options for employees and guests before the event and communicate these options to employees.
- Designate a managerial or another high-level employee to monitor alcohol consumption to ensure no partygoers are ‘overserved.’
During the Event
- Consider a ticket system to limit the number of alcoholic drinks partygoers can consume.
- Arrange for a third party with SmartServe (or other training) to tend the bar and serve alcohol to guests.
- Serve food and alternative non-alcoholic beverages (like mocktails).
- Do not have games or activities that could encourage inappropriate behaviours or workplace injury, such as games that encourage excessive alcohol consumption.
- Close the bar an hour or more before the end of the event.
Conclusion
Successful holiday celebrations require employers to plan carefully. By following these guidelines and implementing the above practices, employers can ensure that all attendees enjoy themselves and remain safe.
If you have any questions about safe holiday party practices, feel free to contact a member of KMB Law’s Labour and Employment team.
We wish you and your families a joyous holiday season!
This article is provided for general information purposes and should not be considered a legal opinion. Clients are advised to obtain legal advice on their specific situations.
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