"The holiday work party is back in force. Just don't throw caution to the wind"/ "How to keep your office Halloween party from turning into an HR nightmare"

Here are 2 articles about work parties and the employment laws on them:

Dec. 9, 2022 "The holiday work party is back in force. Just don't throw caution to the wind": Today I found this article by Howard Levitt and Muneeza Sheikh on the Financial Post:

After years of virtual parties on zoom (with partygoers sitting in their kitchens feigning joy while staring at a computer screen in an ugly sweater), employees are ready to pull their masks down and party.

Even as we organized our own firm party, it became clear that restaurants and general party venues were busier than ever this holiday season. Food prices are up, party planners are swamped and hopeful partygoers are ready to throw caution to the wind and celebrate the beginning of a COVID-freeish year with their colleagues.

There are numerous reasons that employers, large and small, should most certainly consider a celebration this year.

In the world of remote working, morale has been low, and often employees complain about a lack of motivation. 

A party of any kind does wonders to lift spirits, a work-related party allows employees to celebrate with colleagues with whom they have spent many virtual hours.

A party can also allows employers to show appreciation. While year-end bonuses for most employees are in the works, in a large number of cases employees see their bonuses as their standard compensation. A party gives the management team a chance to deliver praise in person, something that can do wonders for morale.

It is a chance for employers to literally celebrate their employees and, where applicable, clients and customers as well. It can provide a great basis for a continued building of the business, and allowing long-standing customers and clients to forge more meaningful relationships with the employees they work with.

Do not underestimate the power of doing things in person: in many ways, the pandemic has taught us that not all “work” can be done virtually/remotely and saying “thank-you” and “congratulations” rings more true when done face to face. Parties give you as the employer a chance to give the employees something that they likely have not experienced in a long time.

Hosting a holiday event is a great way for management to engage with employees, and, as important, for employees to engage with one another.

As our clients continue to turn to us for support on holding holiday gatherings, we provide our consent wholeheartedly, but with some lawyerly warnings.

While a COVID-free world appears on the horizon, we are not there yet. Public health officials continue to encourage indoor mask use, and strongly suggest that employers should exercise some caution when looking at holiday parties.

There are also the regular pre-COVID risks that seem to be forgotten in the midst of all of the planning.

Here we detail what employers should be cautious of when planning a celebration for 2022:

• Ensure that your employees know that your holiday event is not mandatory. This decreases the risk of employees feeling forced to attend what may very well be a large gathering;
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• Remind your employees that it is up to them to continue to follow public health guidelines, meaning, they can and should wear a mask at any holiday gathering if they feel comfortable doing so;
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• Conversely, remind them in any celebratory invitation, that restrictions have been lifted, as such holding a celebratory event is entirely lawful and wearing or not wearing a mask is now a personal choice;
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• Remind your employees, that indeed, this remains a workplace event. As such, all workplace policies continue to apply — employees in all workplace environments are to be free from harassment, discrimination, excess alcohol and that they must behave appropriately. Misbehaving at a holiday party could attract the same disciplinary measures as those in the office (virtual or otherwise);
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• If you can’t fathom a dry holiday party (holiday luncheons are often just as effective for team building), consider providing drink tickets so as to prevent intoxication in the “workplace.” It is your responsibility to ensure that employees get home safely and stay safe while at the party. The court awards for permitting employees to leave the party drunk and then having a disabling accident are immense.

While you might be tempted to throw a soiree that is far from stereotypical, take into consideration that gatherings this year may end up more subdued than ever. Employees have been at home for a long time, and employers may find that even their social skills have atrophied during the pandemic. Celebrating the end of the year (and the start of 2023) is a great idea, as long as employers are not too quick to dismiss the lasting impacts of this pandemic.

Howard Levitt is senior partner of Levitt Sheikh, employment and labour lawyers with offices in Toronto and Hamilton. He practices employment law in eight provinces. He is the author of six books including the Law of Dismissal in Canada. Muneeza Sheikh is a partner at Levitt Sheikh.

The holiday party is back, so just remember to mind these pitfalls | Financial Post

Oct. 24, 2023 "How to keep your office Halloween party from turning into an HR nightmare": Today I found this article by Howard Levitt on the Financial Post:

Halloween is just around the corner. Many workplaces will host costume parties and Halloween-themed events to help employees let loose and boost morale. While often a great idea, alcohol and questionable costumes create nightmarish risks for employers, raising issues that employment lawyers and courts have dealt with for all too many a year.

It might seem obvious that you 

should not drink and drive, 

make inappropriate comments to coworkers, 

or wear offensive Halloween costumes, such as blackface — especially given the negative public reaction when old photos of the prime minister in blackface surfaced.

But employees do not always act reasonably.

Employers should know the risks of hosting a party and employees must be conscious of their behaviour at off-premises events, in the same way as they are with their social media use.

Employers have a duty of care to their employees wherever such a party is held — our firm, for example, had an event last week in Nicaragua, where societal norms are rather different than here.

In the case of Hunt v. Sutton Group Incentive Realty Inc. the employer hosted a party on its premises where an employee drank heavily from an unsupervised open bar. She then went to a pub and continued drinking. On her drive home, heavily intoxicated, she got into a car accident suffering severe injuries. She sued her employer, and the court held that the employer owed her a duty of care extending beyond the workplace’s physical premises. The court also held that an employer must take active steps to ensure its duty of care is properly discharged.

This means that offering free taxis or other transportation home is insufficient to discharge their duty. Ultimately, the court ordered the employer to pay the woman almost $300,000 in damages. An ominous warning for employers.

Employers should also be aware of human rights concerns with addiction. Alcoholism is a disability, which is a prohibited ground for discrimination under the human rights legislation. 

If employers know or have reasons to suspect that an employee suffers from alcoholism, they must take steps to accommodate that employee in social events where alcohol is present.

In Huffman v. Mitchell Plastics, an employee became intoxicated at an office party and made threats and sexually inappropriate comments to colleagues and their spouses. He was terminated and brought a human rights claim arguing that the employer ought to have known about his alcoholism but had failed to accommodate him. 

The Tribunal found there was insufficient disclosure of his disability to trigger the employer’s duty to accommodate. But the case remains a cautionary tale to employers of the liability they could incur if they were aware or ought to have been aware of an employee’s substance abuse or addiction.

Given the substantial risks, employers should take steps to mitigate their potential liability:

• Avoid unsupervised open bars;
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• Consider using drink tickets to limit and monitor the amount of alcohol consumption;
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• Provide food and non-alcoholic beverages;
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• Provide alternate transportation so employees do not drink and drive; and prevent them from doing so, even if that means taking their keys and calling the police (both permissible in those circumstances);
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• Remind employees that all workplace policies remain in force;
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• Stop serving alcohol a few hours before the event is scheduled to end;
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• And look into any possible accommodation for employees who suffer from addiction.

Halloween costumes introduce another issue. While typically in good fun, distasteful costumes can be offensive, disturbing and even amount to harassment or bullying. 

For example, 

dressing up as a religious figure, 

overly sexual character, 

or a culturally insensitive trope 

can attract complaints of harassment or bullying if your coworkers feel offended or religious discrimination if their religion appears to be mocked. 

Employers have a right to enforce a dress code and Halloween parties are no different.

Employers should not assume that their employees will always exercise sound judgement. 

Prior to hosting a costume party or Halloween themed event, employers should remind employees of what costumes are appropriate. 

Also, inform employees that there could be consequences, including termination, for egregious and inappropriate behaviour. 

Two years ago, a Toronto District School Board teacher was fired for wearing blackface as part of his Halloween costume. Clearly even employees in roles of heightened trust and responsibility make bad decisions.

If an employee’s off-duty behaviour is so egregious that it could cause reputational damage to the employer, the employer has a right to discipline and even terminate the employee. 

While it might seem like an invasion of privacy, employees should act reasonably in their personal lives and refrain from posting their own inappropriate behaviour on social media.

Ultimately, employers should be conscious of their duty of care and employees, that there are consequences for behaviour which embarrasses their employer or coworkers.

Howard Levitt is senior partner of Levitt Sheikh, employment and labour lawyers with offices in Toronto and Hamilton. He practices employment law in eight provinces. He is the author of six books including the Law of Dismissal in Canada. Lavan Narenthiran is a lawyer with Levitt Sheikh.

Keep your office Halloween party from turning into an HR nightmare | Prince George Post