DAVID WHITTEN DANIEL LUBLIN CÉDRIC LAMARCHE ELLEN LOW AARON ROUSSEAU DANIEL CHODOS ISSUE 37- DECEMBER 2013 Whitten & Lublin is a team of legal experts who provide practical advice and advocacy for workplace issues. 141 ADELAIDE STREET WEST, SUITE 600, TORONTO, ON, M5H 3L5 T: 416.640.2667 F: 416.644.5198 WWW.CANADAEMPLOYMENTLAWYER.COM A staff holiday party is a great way of celebrating the holiday season. It can also be an effective way of showing appreciation to employees. These events can be lots of fun, but what many employers often forget is that they can attract unwanted liability. The most common types of legal issues employers face as a result of staff parties are related to harassment and alcohol consumption. The following are brief guidelines that employers should carefully consider in order to create a fun-filled holiday celebration, while avoiding legal liability. Harassment An employer can be held liable for harassment, including sexual harassment, even if it occurs after hours at a staff social event. The following are simple things that employers can do to not only help reduce the risk of harassment, but also the risk of liability if harassment does occur: Ÿ Develop and circulate an anti-harassment policy that clearly states that it applies to all work functions, including all social events; Ÿ Members of management should be reminded that they are expected to set an example for other employees during workplace functions; Ÿ Invitations for a holiday party should include a reminder that the anti-harassment policy extends to the event; Ÿ Consider inviting non-employees to the event. The presence of customers, suppliers, or significant others can help reduce the occurrence of harassment or offensive behaviour; Ÿ Take steps to limit the consumption of alcohol; Ÿ Anti-harassment training should have fact scenarios that include work social events; and Ÿ Have an action plan ready in the event of an incident of harassment, and be prepared to implement it. Realistically, employers may not be able to fully control how guests behave at social events. However, they can certainly avoid being held responsible for another guest's conduct if they take proactive steps to help prevent the conduct, and if they take appropriate and swift action in response to inappropriate conduct. Alcohol Consumption The consumption of alcohol at a work function can lead to undesirable conduct by guests. One of the main concerns employers should have is being held liable for injuries or damages caused by an intoxicated guest. A social host is not typically liable for injuries/damages resulting from a guest who has consumed alcohol at the host's residence. However, employers are not ordinary social hosts. The case law in Canada suggests that employers who host staff parties owe a duty of care to their employees which is closer to that of a commercial host. Consequently, an employer who hosts a party has a greater duty to protect intoxicated individuals and the public than a social host. OUR LAWYERS HOLIDAY PARTIES & CORPORATE LIABILITY For a consultation please call us at 416-640-2667 or submit your online request at www.canadaemploymentlawyer.com CONSULTATIONS HR MANAGER'S GUIDE TO INDEPENDENT CONTRACTORS IN THE WORKPLACE Available for purchase from Carswell's store. Continued on next page... FOLLOW US Follow @DavidWhittenWL Follow @DanLublin