A sobering reminder of the risks of holiday office parties
A holiday party should end with leftover desserts, not years of discovery examinations
By Howard Levitt and C. Jenny Yu
'Tis the season of twinkling lights, questionable sweaters and office parties that promise goodwill to all — and occasionally deliver, well, the opposite.
As employers haul out the tinsel and open their wallets for what is often their largest staff gathering of the year, let us offer a reminder: holiday parties can be a litigation trap masquerading as merriment. Ignore that at your peril.
Employers often forget that an office party — whether held in a boardroom, banquet hall, bar or rooftop igloo — remains a workplace. The law does not care if the punch bowl replaced the spreadsheet. If your employees are attending at your invitation, on your tab and under your banner, you are responsible for what occurs. Often that includes what happens after the party ends.
The problem is simple and perennial: the employees you know at 10 a.m. on a Tuesday are not always the same employees you get after two glasses of Prosecco and a DJ who thinks volume equals atmosphere. Add the fact that many workplaces remain hybrid or remote — meaning colleagues barely know one another — and the mixture becomes even more combustible. Throw in alcohol and it can become a Molotov cocktail.
So how do employers host a festive event without waking up in January to a lawsuit? Here are the non-negotiables:
Drink tickets exist for a reason. Use them — and prohibit employees from handing theirs around like Halloween candy. If you are at a venue where staff can buy their own drinks, speak with the server. Ask to be alerted if someone appears to be drinking excessively. An early intervention is far cheaper than a human rights complaint.
Too many employers worry that reminding employees about unacceptable conduct will "kill the vibe." What kills the vibe — and budgets — is defending a harassment lawsuit because no one wanted to send a two-paragraph email.
Make it explicit: This is a workplace event. All workplace policies apply. Everyone is responsible for maintaining a respectful, safe and inclusive environment.
And a modern reminder: no posting photos of colleagues without their consent. Some companies even encourage social media sharing with photo booths — which only makes the warning more critical. Holiday fun does not include dragging a co-worker into a viral post.
This is the point at which many employers roll their eyes. But the law does not: your obligation to prevent harassment doesn't take the night off.
Someone — ideally several people — must remain sober and alert to watch for escalating behaviour, discomfort, brewing conflict or the classic early signs of sexual harassment. Step in early. Problems prevented do not become problems litigated.
This is the one that most often lands employers in genuinely catastrophic trouble.
If an employee leaves your party impaired, drives and causes harm — to themselves or anyone else — your company can be on the hook for millions. Courts take employer responsibility seriously, and the excuses ("we didn't know," "they said they were fine," "they insisted on driving") rarely succeed.
Have someone stationed at the exit. If an employee appears intoxicated, take their keys. Arrange safe transportation — Uber, taxi, designated driver — or a hotel room. Offering universal taxi chits costs less than a single hour of litigation.
None of this may sound festive. But trust us: a lawsuit is far worse for morale than a few sensible precautions. A holiday party should end with leftover desserts, not years of discovery examinations.
We can assure you, the holiday hangover employers should fear is the legal one.
Howard Levitt is senior partner of Levitt LLP, employment and labour lawyers with offices in Ontario and Alberta, and British Columbia. He practices employment law in eight provinces and is the author of six books, including the Law of Dismissal in Canada. Jenny Yu is an associate at Levitt LLP.