Office holiday parties carry workplace rules, Quebec lawyer says

The holidays are approaching, and office party season is already upon us. While these events are an opportunity to let your guard down and relax in a more convivial atmosphere, you should still maintain a certain level of decorum; you are still, in a sense, at the office.

An office party “is linked to the professional context,” explains Marie-Hélène Jolicoeur, a lawyer specializing in labour law at the Lavery law firm. “Employees have an obligation, even in this setting, because it’s a work event, even if it’s not at the workplace.”

“It is therefore appropriate to behave in an appropriate manner, free from violence and harassment. It is an obligation, broadly speaking, to respect standards of decorum, of course, but also in relation to the healthy and safe working environment that continues in this context.”

And, as is the case in the workplace, it is the employer who bears legal responsibility.

“The employer has obligations, which I would summarize in three areas. First, in terms of occupational health and safety, i.e. occupational injuries. The concept of a work-related accident can be extended in this context. If an employee injures themselves or is injured, there could be a claim for physical or psychological injury,” warns Jolicoeur.

Flirting… with risk

With the help of alcohol, flirting with a colleague you like, which sometimes comes too easily, could have unfortunate consequences, she continues.

“The second area where the employer’s obligation comes into play is psychological or sexual harassment. The employer also has prevention obligations. In fact, they must have a policy on psychological harassment and complaint handling, as required by the Standards Act.”

Beyond this basic legal obligation, she adds, “what is new in recent years is that there is even an element of this policy where the employer must address expected social conduct, the behaviour to adopt during work-related social activities.”

And the third aspect addressed by Jolicoeur brings us to the aggravation of actions.

“If offences are committed, such as assault, which may be physical, sexual or other, we know that alcohol can be a catalyst for problematic behaviour—the courts have confirmed that the employer may impose disciplinary sanctions, such as suspension or even dismissal in certain circumstances.”

In these three cases, she says, “the employer has obligations and is required to take action to prevent,” a principle that legislation, regulations and case law have confirmed in recent years.

Limiting alcohol

What kind of prevention measures are suggested to employers?

“The policy is a preventive measure in itself, but more specifically, can employers also limit consumption? The famous ‘open bar’—I would not recommend continuing this practice. It is wiser to give coupons or close the bar at a certain time to limit or reduce the possibility of excessive drinking.”

She also suggests providing a designated driver service, having taxi coupons on hand and, if necessary, intervening if someone is found to be intoxicated, but she points out that, in this case, “it is not the employer’s legal responsibility. It is more of a preventive measure. If something criminal happens, such as someone driving while intoxicated, the employer will not be liable.”

The after-party

And if some employees decide to continue partying elsewhere after the official party, does the employer’s responsibility follow them?

“We will look at work-related accidents to see if there is a connection with the work or employment. Several factors are considered by the courts, including the location. Is the employer liable? To what extent is there subordination or a connection with the work?”

However, she acknowledges that the case would be much more difficult to defend.

“But if there are heated exchanges or close exchanges at the office party that continue afterwards, there could still be some liability. There may be a certain connection with work, and the concept of psychological harassment extends beyond the workplace,” she points out, citing the example of remote harassment of co-workers through technological means.

And if the office party is organized by the union or even jointly by the union and the employer, does the union have the same responsibilities?

“The union does not have the same responsibilities as an employer. The situations we have discussed fall under the duties and responsibilities of the employer,” she says.

However, the lawyer points out that the union has a role to play upstream, as it is normally involved in occupational health and safety committees, where harassment policies are developed.

Team-building activity

What if someone gets hurt in a silly accident at a Christmas party, say by tumbling down the stairs?

“The definition in the law on workplace accidents and occupational illnesses refers to an accident that occurs during work and may result in an occupational injury. The expression ‘during work’ is increasingly being interpreted broadly in case law. But it would not be automatic. Case law is very divided on this issue.”

Nevertheless, she points out that “the purpose of a Christmas party is in the interest of the job. It is a team-building activity. The time is the place of the event.”

In other words, being at an office party is still very much being at the office.

–This report by La Presse Canadienne was translated by CityNews