The Employer's Holiday Party Playbook

In the midst of the holiday season, many workplaces will be preparing to celebrate with staff gatherings and festive events. While these occasions offer valuable opportunities for team building and employee appreciation, they also require careful planning to protect the health and safety of everyone who attends.

We are pleased to bring you our annual checklist of practical measures that employers can implement to host a safe and successful holiday celebration.

Understanding Employer Liability

While workplace celebrations offer valuable benefits, they also create potential legal exposure that employers must understand and plan for. For example, Canadian courts have established that employers may be held responsible for incidents arising from work-related social events, including:

injuries caused by intoxicated employees driving home from workplace functions (liability may extend to both the employee and third parties);
harassment, sexual harassment, or discriminatory conduct by employees or their guests; and
injuries sustained during employer-hosted events.

Additionally, the Workplace Safety and Insurance Appeals Tribunal has found that injuries occurring during workplace holiday parties can be compensable. In one case, an injury suffered by an employee during a game at a holiday party was determined to be work-related, and as a result, the employee was eligible for benefits.

These liability concerns underscore the importance for employers to both recognize potential risks and put measures in place to minimize them.

Holiday Celebration Checklist

Health, Safety, and Conduct Expectations

Employers may consider the following health and safety measures before the event begins:

Set Expectations: in the lead-up to the event, remind employees that all workplace rules and policies remain in effect during the event, for both employees and their guests, including with respect to harassment, sexual harassment, workplace violence, and health and safety
Cannabis and Alcohol Policy: where applicable, draw attention to policies prohibiting the use of alcohol, recreational cannabis, or illicit drugs during work-related functions
Guest Responsibility: reinforce to employees that they are responsible for the behaviours of their guests and must ensure that their guests comply with all policies and protocols for the event
Reporting Procedures: ensure employees are familiar with the harassment-reporting procedure and feel comfortable coming forward with any complaints
Appropriate Activities: avoid games, activities or decorations that could encourage inappropriate behaviour or unsafe physical activity (e.g., hanging mistletoe, competitive drinking games)
Social Media Etiquette: remind employees of your social media policy; employees should be cautious about posting photos or videos of colleagues without consent

Managing Alcohol and Substances Responsibly

If your celebration will include the consumption of alcohol, consider adopting the following safety-enhancing measures:

Before the Event

inform employees and guests that they are not to drink and drive
plan to provide a supervised limited bar and serve food
arrange for a trained third party (e.g., smart serve certified) to tend the bar and serve the drinks to employees and guests
instruct servers to monitor consumption and refuse service to anyone showing signs of impairment
set up alternative transportation options for employees and guests prior to the party and be sure to communicate those options clearly to employees
consider establishing carpools with designated drivers who agree not to drink at the event
assist in facilitating overnight accommodation for employees who live far from the event, perhaps by arranging a reduced rate with a nearby hotel

At the Event

provide taxi chits to employees at the outset of the event and designate employees to proactively distribute additional chits as necessary
remind employees and guests that they should not drink and drive
close the bar an hour or more before the party ends, while keeping food and non-alcoholic beverages available
designate an appropriate employee to monitor employees’ alcohol consumption and to deal with circumstances in which an employee appears to be impaired and/or intoxicated
consider utilizing a ticket system to limit the number of drinks an employee or other guest may be served during the party

Handling Intoxicated Employees

In the event that an employee or guest does become intoxicated, employers should take positive steps to ensure that they do not get behind the wheel of a car. Employers should:

consider implementing a system whereby employees and guests leave their car keys with an attendant at the start of the event, instead of having to remove keys from an intoxicated person later on
arrange to have a sober co-worker drive the intoxicated person home
call the intoxicated person’s emergency contact (do not just offer to do so)
insist that the intoxicated person take a taxi/rideshare and pay for the trip
if all else fails, and the intoxicated person insists on driving impaired, call for police assistance

Accommodating Diverse Needs

Thoughtful planning can ensure that all employees feel welcome at holiday events and can participate comfortably.

Scheduling: check religious calendars when scheduling parties to avoid conflicts with significant observances
Dietary Needs: offer menu options that accommodate various dietary restrictions (vegetarian, vegan, halal, kosher, gluten-free, allergen-free) and label all food items clearly
Non-Alcoholic Options: offer a mocktail menu or a selection of other non-alcoholic beverages
Accessibility: select venues with wheelchair access, accessible parking and accessible washrooms

Post-Event Follow-Up

The employer’s responsibilities do not end when the party does. Taking appropriate follow-up steps can help address any issues and demonstrate your organization’s ongoing commitment to workplace safety and respect.

Handle Complaints: follow up on any incidents or complaints promptly and in accordance with your workplace policies
Gather Feedback: consider soliciting anonymous feedback about the event to identify what worked well and what could be improved
Review Policies: if the event revealed gaps in your procedures, take steps to update your policies before the next gathering

Happy Holidays

Hosting a successful holiday celebration depends on thorough planning and proactive risk management before, during, and after the event. With these guidelines in mind, employers can host successful and memorable festive events.

We wish you and your employees an enjoyable and safe holiday season!

The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Hicks Morley Hamilton Stewart Storie LLP and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Hicks Morley Hamilton Stewart Storie LLP. ©

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The Employer’s Holiday Party Playbook