Employers on the hook for holiday party hijinx: survey

One-third of Canadians hold employers responsible for employees behaving badly at holiday events

'Tis the season to be jolly, which most companies recognize by holding a Christmas party where some employees might get jollier than others. However, increasingly the blame for any misbehaviour on the part of employees during these festive events is falling to employers, according to a recent survey.

The survey, conducted by Ipsos Reid for lawyers.com, revealed that 35 per cent of Canadians expect employers to bear the legal responsibility for the actions of their employees during and after company events.

"Whatever your feelings are about personal responsibility, the legal precedent is that employers increasingly are being held responsible for the actions of their employees during and after holiday parties," said Shelley Timms, a Toronto lawyer with Timshel Services Inc.

"Whether it's drunk driving, groping someone you shouldn't be groping, falling off a table in a restaurant, or getting beaten up by a bouncer, employers have to share in the legal responsibility to protect employees from harm, including harm resulting from their own actions that might be related to a workplace function."

When the alcohol is flowing, some employees cross the line between warm, collegial behaviour and out-of-control would-be love muffins. However, what once may have been tolerated as seasonal boorish behaviour can actually be much more serious. Sexual harassment may occur in the workplace itself or it may occur outside of the workplace in a situation that is in some way connected to work, such as off-site conferences, delivery trips, or the annual holiday party.

"These survey results tell us that a significant number of Canadians assume the employer will bear total legal responsibility for the actions of employees," said Timms.

"That means the employers, no matter how big or small, need to have clear policies in place, such as providing taxi chits, and actively take steps to ensure the safety of their employees. That will make the holiday season a lot more fun for everyone."

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