As workplace holiday parties return in full-swing, employers should remember that seasonal celebrations require more than just picking the venue and catering, they also require careful and strategic planning to manage risk while celebrating the festivities.
Even where a workplace holiday party takes place offsite and outside of regular working hours, employers should be aware that their duties, obligations and potential for liability under Ontario’s laws continue to apply. As an employer, ensuring that you understand your duties and responsibilities, and have implemented policies and strategies to minimize risks will help ensure that your workplace holiday party is a success.
Under Ontario’s Occupational Health and Safety Act and the common law, the workplace can extend to holiday parties that take place off site and outside of regular working hours, through the “extended workplace doctrine”. Essentially, this means that the holiday party can be considered an extension of the workplace, and employers must take every step reasonable in the circumstances to protect their workers from injuries, violence and harassment.
For workplaces that allow alcohol to be consumed at holiday parties, there are additional risks and considerations that employers should be aware of. For example, how will the employer ensure that employees get home safely if they are consuming alcohol? How will they manage the amount of alcohol that is consumed? What happens if an employee is injured at the holiday party, or injures a third party driving home?
Mitigating these risks requires careful planning by the employer, to ensure that everyone can celebrate the festivities, without the liability.
Key Dos and Don’ts for Workplace Holiday Parties
DO
- Review your employment policies in advance, and remind employees that the workplace policies still apply even at the holiday party, including policies on workplace health and safety, workplace violence, and workplace harassment.
- Have a team that is assigned to oversee and manage the event, and who can respond to any difficulties throughout the party.
- Inspect the venue before the event starts to ensure there are no hazards and that all equipment, furniture, and decorations are in good working order. Also ensure that the venue is accessible for all employees.
- If you’re hosting a holiday party where alcohol will be served:
- Tell your employees that you will provide taxi-chits or provide reimbursement for their Ubers, and encourage the use of taxis and Ubers to ensure all employees have a safe way to get home. If you have employees from out of town, consider providing hotel rooms.
- Hire professional bartenders to serve alcohol, and to watch for overconsumption.
- Limit the number of beverages that employees can consume throughout the party, for example, by providing drink tickets and not having an “open bar”.
- Ensure that food is served when alcohol is available.
- Implement a cut-off time, after which alcohol will not be served.
- Offer mocktails, and non-alcoholic beverages throughout the party.
DON’T
- Neglect to set expectations in advance. Refresh your knowledge of your policies and update them as needed, and make your expectations known to your employees in advance of the party.
- Choose a venue that is inaccessible, or one where alcohol is the main focus.
- Allow employees to drive if they are impaired.
- Ignore any post-party concerns or complaints. Remember that the workplace holiday party is an extension of the workplace, meaning that concerns about safety, injuries, violence, and harassment must be addressed by the employer.
With some strategic planning, employers can ensure that all employees have a safe and healthy holiday party.
Questions About Employment Law in Ontario?
If you are an employee or employer looking for employment law advice in Ottawa or Ontario, please don’t hesitate to contact our Employment Law team at Mann Lawyers.
This blog post was written by Lori Philpott, a member of the Employment Law team. Lori can be reached at 613-369-0382 or at lori.philpott@mannlawyers.com.
