It’s the holiday season, and many businesses are having annual holiday or Christmas get-togethers. I have little personal experience but understand that sometimes the consumption of liquor is involved in these celebrations. If that’s the case, then caution is required.
Drinking and driving is the main and most obvious concern. My legal advice is: don’t do it.
Even if you think you’ve just had a few and are under the legal limit, police are highly vigilant at this time of year. Do not be tempted. Have a designated driver, or take a cab. Don’t drive. The consequences are huge and long-lasting.
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Also, being a generous host can have its downside. Numerous court decisions have imposed liability on hosts who continue to allow guests or staff to drink when they are clearly over the line and should be cut off.
One of my favourite legal stories about this comes from England. Three co-workers got drunk and physically fought after taking a course on improving interpersonal skills.
All three were fired but sued and got their jobs back because the company had an open bar.
The court felt the employer had encouraged, or at least approved, of heavy drinking so the employees could not be blamed for getting into a fist fight at a seminar designed to improve how employees got along.
If your guests or employees leave and drive while drunk, it is possible the employer can be liable for any resulting damage or injuries. Your best bet is to provide free taxi service or supply designated drivers and vehicles that can bring people to and from the party.
Office liability is another area of concern. This isn’t just for serving too much alcohol. A business owner may be liable to its employees, or see a reassessment of its worker’s compensation premiums, for injuries that occur while decorating. This is more common than you’d think.
Enthusiastic decorating can create fire hazards.
As well, statistics show that ladder and fall-related injuries go up during this season.
A U.S. study from 2000-03 found more than 17,000 falls related to decorating. Sixty percent of the injured were 20 to 49 years old.
Approximately 43 percent were injured by falls from ladders. Men were 40 percent more likely to be hurt than women. Most falls were from ladders, roofs, stairs and furniture, such as falling when using a table instead of a ladder.
More falls were caused by tripping over decorations. Liability can arise for these slips and falls in the office environment, and your insurance coverage may be triggered.
Make sure you supply and direct the use of proper equipment.
Also, people really do engage in dancing on the table with a lampshade on their head, or sit on the office photocopier to make copies of various body parts. Tables and copiers break and people are injured as a result.
Often linked to alcohol consumption at such functions is sexual harassment. At these parties, where too much booze is consumed, some people believe it’s OK to make rude statements or gestures or physically touch their coworkers. These are unwelcome at best and can lead to serious consequences at worst.
If you believe it wouldn’t happen with your staff, bear in mind that Trojan Condoms conducted a survey and discovered that 49 percent of office workers interviewed said they’d “go all the way” at an office party if an opportunity presented itself.
The harsh fact is that holiday parties often cause employees to throw their inhibitions to the wind.
In law, this is entirely unacceptable and can result in problems at your business. You may end up paying for one employee’s stupid conduct toward another.
It has been my pleasure to be your legal columnist this year. My best to all of you during this holiday season. Play hard but play safe.
Rick Danyliuk is a lawyer with McDougall Gauley LLP in Saskatoon.
