Q: I run a farm supply business and the office Christmas party is coming up. There have been “incidents” in the past and I’m not sure I want them repeated, but I still want the party to be fun for the staff. Are there any legal issues I should be aware of?
A: In 2005, a British firm did a survey and found that 80 percent of businesses were cancelling the traditional holiday party, and almost 90 percent had received a harassment complaint following such a party. That same year, Wal-Mart’s German division set up a conduct code prohibiting things such as “lustful glances” and relationships between co-workers.
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So the short answer to your question is yes, legal issues arising from office Christmas parties abound. Ho, ho, ho!
Use of common sense will help you navigate these legal waters. As an employer, it’s a mistake to insist that all employees must attend. Many are uncomfortable with the concept. Personal and religious beliefs may intervene. So leave it up to the individual. As well, if there is going to be a gift exchange, remind people to keep it in good taste. Underwear is seldom an appropriate gift for a co-worker.
If your staff is decorating the office, remind them to use proper equipment. Stand on ladders, not desks or office chairs. Make sure decorations and trees are properly secured so they do not fall on people. Liability can arise for slips and falls in the office and your insurance coverage may be triggered. Also, people really do dance 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 get injured as a result. You can be on the hook for this unless you specifically deter and disapprove of such behaviour.
If you are serving food, make sure it is kept chilled or hot because there have been numerous instances of food poisoning and other illnesses.
Which leads us to the question of alcohol. Liability of hosts for their drunken guests is an expanding area in Canada. There have been numerous high court decisions imposing liability on hosts who continue to allow guests or staff to drink when they clearly should be cut off.
In England, three co-workers got drunk and physically fought, ironically after taking a course on improving interpersonal skills. All were fired, but they sued and were reinstated 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 fistfight at a seminar designed to improve how employees got along.
If 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 have designated drivers and vehicles bring people to and from the party.
Often linked to alcohol consumption is sexual harassment. For some reason, fueled by liquor, some people believe it is acceptable to make comments or physical advances to others in the room. Think it won’t happen at your business? Trojan Condoms ran 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.
This can really create a large liability for the firm. You may end up paying big money for one of your employee’s stupid remarks to another. Even an employee who drunkenly consents may have second thoughts the next morning and file a harassment complaint.
So have fun, but keep it within acceptable limits. If you don’t, expect to pay and pay big.
Finally, it has been my pleasure to be your legal correspondent this year. My best to all of you during this holiday season.
Rick Danyliuk is a practising lawyer in Saskatoon with McDougall Gauley LLP. He also has experience in teaching and writing about legal issues. His columns are intended as general advice only. Individuals are encouraged to seek other opinions and/or personal counsel when dealing with legal matters.
