Christmas season means staff parties where over-consumption, drinking and driving, and sexual misconduct can be a problem. (Jenna Hauck/ The Progress)

Christmas season means staff parties where over-consumption, drinking and driving, and sexual misconduct can be a problem. (Jenna Hauck/ The Progress)

Alcohol, legal liability and the #MeToo movement at the staff Christmas party

B.C. lawyer Brian Vickers answers question about who’s to blame when bad things happen

With the office Christmas party season upon us, employees and employers should be aware of the often dangerous combination of alcohol and co-workers.

From bad behaviour to drunk driving to sexual harassment, lots can go wrong, but just who is liable when it does?

Lawyer Brian Vickers with Baker Newby LLP in Chilliwack explains some of the law surrounding whether an employee can be fired for getting drunk at a staff party as well as issues surrounding sexual harassment in light of the #MeToo movement.

So can an employee be fired for getting drunk at a staff Christmas party?

Well if the company has a policy that employees can’t drink alcohol, then probably. But if it’s permitted as it is at most company holiday parties, typically the liability issue is less about whether an employee drinks too much but is instead about what he or she does while drunk.

“You are not being fired for your intoxication, you will be fired for an event, for example you assaulted somebody,” Vickers said.

But a more complex question is whether an employer can be held liable if an employee gets drunk at a company-sponsored party and, for example, crashes while driving home?

A 2006 judgment by the Supreme Court of Canada, Childs v. Desormeaux, really limited the legal concept of social host liability. That means if an individual has a bunch of people over to their house, in most conceivable situations, the host doesn’t owe a duty of care to the a member of the public injured because of the actions of a drunk a guest.

Most staff Christmas parties, however, aren’t at homes but are at restaurants and bars. Here, the employer certainly has a moral responsibility to employees, but the commercial host liability really takes over.

“Typically what happens is the employer will make sure everyone has a safe ride, but I think it falls more on the commercial host,” Vickers said. “They are the ones booking these parties making a ton of money.”

If, in a third example, a company rents a hall and takes out a liquor licence to serve alcohol. The responsibility would likely fall more to the person or employer that got the licence.

Having said all of that, liability can be portioned out in percentages, and it’s possible a court might find everyone involved has varying degrees of exposure.

Simply put, if you get in a rearender with your car and injure someone, you will likely be held liable. If you were intoxicated, some of your liability may be attributed to the establishment that served the alcohol to you.

• RELATED: Holiday season means RCMP crackdown on impaired driving

As for sexual harassment or misconduct at a Christmas party, that is pretty simple: Companies need to have policies for that type of behaviour and policy needs to be followed.

“It’s super straightforward, they need to report it to their supervisor and they need to conduct an investigation to find out what happened,” Vickers said.

If it’s a criminal matter, it needs to be reported to police, but company policy needs to be considered.

Where lawyers such as Vickers usually get involved is when an employee is fired and that employees sues for wrongful dismissal. Then there is something called constructive dismissal. That’s where an employee might quit, but the reason they quit is, for example, persistent sexual harassment.

“If you have somebody who says, ‘I feel very uncomfortable coming to work, the boss flirted with me,’ what are their options? If they end up quitting then they can sue for a hostile work environment. The employee may have been constructively dismissed as a result of the employer’s failing to meet obligations.”

Employers really need to have a script in writing to follow in this regard.

“All employers ought to have a policy in place to address sexual harassment and bullying in the workplace generally.”

As for the #MeToo movement, Vickers said that has emboldened victims into coming forward. This has caused legal challenges for employers, because sometimes dated complaints come out of the woodwork.

• READ MORE: Reports of sex assault in B.C. spike after #MeToo goes viral: Stats Canada

“The #MeToo movement has certainly empowered individuals who have been on the wrong side of a harassment claim, say that’s 10 or 15 years old,” he said. “They are just more difficult to investigate because the evidence isn’t fresh. That doesn’t say anything about the legitimacy of the complaint.”

And at the staff Christmas party, the employer needs to take responsibility and can be held at least partly liable for what goes on.

At the end of the day, staff get-together or a regular day at work, companies should have policies in place regarding sexual harassment, and they should make sure alcohol consumption doesn’t get out of control.

• READ MORE: With holiday parties in full swing, RCMP are urging people to ‘arrive alive’


@PeeJayAitch
paul.henderson@theprogress.com

Like us on Facebook and follow us on Twitter.

Just Posted

RCMP responded to a call at approximately 7:30 p.m. MST on Thursday. (File photo)
One fatality in Highway 95 vehicle collision

Two more survived the two vehicle incident

Residents line up outside the Vernon Recreation Complex for their COVID-19 vaccine Saturday, June 5. (Jennifer Smith - Morning Star)
No appointments necessary for first dose COVID-19 vaccine: Interior Health

People can just show up at clinics, register on the spot and get the shot

Eva Capozzola (left) is a Golden-based climber who summited Mount Lucania with Pascale Marceau (right). To their knowledge, they are the first all-women team to reach the 5,226 metre summit in the Yukon. 
(Eva Capozzola photo)
All-woman team summits Mt. Lucania

The pair compared climbing to a spiritual journey, more than physical one

Provincial Health Officer Dr. Bonnie Henry on Thursday, June 10, mentioned Grand Forks among two other COVID “hot spots” in B.C. Photo: Screenshot - YouTube COVID-19 BC Update, June 10, 2021
PHO Henry says West Kootenay city is a COVID ‘hot spot’ in B.C.

There are 11 cases of COVID-19 in the Grand Forks local health area, according the BC CDC

The Columbia Shuswap Regional District (CSRD) is launching an online survey for residents of Electoral Areas B, D and F in regards to housing issues. (Black Press Files)
Housing survey launched for select Columbia Shuswap Regional District electoral areas

Survey asks questions about affordability, accountability and accessibility

At an outdoor drive-in convocation ceremony, Mount Royal University bestows an honorary Doctor of Laws on Blackfoot Elder and residential school survivor Clarence Wolfleg in Calgary on Tuesday, June 8, 2021. THE CANADIAN PRESS/Jeff McIntosh
‘You didn’t get the best of me’: Residential school survivor gets honorary doctorate

Clarence Wolfleg receives honorary doctorate from Mount Royal University, the highest honour the school gives out

18-year-old skier Logan Leach follows his guide, Julien Petit, down an alpine track. The Lumby athlete who is visually impaired has been named to Alpine Canada’s Ski Team ahead of the 2022 Paralympic Games in Beijing. (Contributed)
North Okanagan teen named to national Para-Alpine ski team

18-year-old Logan Leach officially joins Canada’s Para-Alpine roster ahead of Beijing 2022

Carina Stokes, bar manager at Enderby’s Small Axe Bistro, was recognized as one of four exceptional B.C. restaurant workers by the British Columbia Restaurant and Foodservices Association Tuesday, June 8, 2021. (Contributed)
Okanagan bar manager recognized as ‘stand-up’ B.C. restaurant worker

Small Axe Roadhouse’s Carina Stokes one of four to receive special recognition from the BCRFA

“They will never be forgotten, every child matters,” says Sioux Valley Chief Jennifer Bone in a video statement June 1. (Screen grab)
104 ‘potential graves’ detected at site of former residential school in Manitoba

Sioux Valley Dakota Nation working to identify, repatriate students buried near former Brandon residential school

The Queen Victoria statue at the B.C. legislature was splattered with what looks like red paint on Friday. (Nicole Crescenzi/News Staff)
Queen Victoria statue at B.C. legislature vandalized Friday

Statue splattered with red paint by old growth forest proponents

Police cars are seen parked outside Vancouver Police Department headquarters on Saturday, January 9, 2021. THE CANADIAN PRESS/Darryl Dyck
Vancouver police officer charged with assault during an arrest in 2019

The service has released no other details about the allegations

Denmark’s Christian Eriksen receives medical attention after collapsing during the Euro 2020 soccer championship group B match between Denmark and Finland at Parken stadium in Copenhagen, Saturday, June 12, 2021. (AP Photo/Martin Meissner, Pool)
Christian Eriksen in stable condition, Euro 2020 match resumes

Eriksen was given chest compressions after collapsing on the field during a European Championship

Most Read