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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

(Black Press file photo)
Single-lane open at Highway 3 after vehicle incident

The road was closed for about three hours earlier on Jan. 18

Benvoulin Church in Kelowna. (Image: Prime Light Media)
Protection sought for Kelowna’s Benvoulin Heritage Park

The Central Okanagan Heritage Society is seeking heritage designation to preserve the park

When people talk about Blue Monday, they really mean Seasonal Affective Disorder, according to CMHA Kelowna. (Pixabay)
CMHA Kelowna offers tips for managing winter blues during COVID-19

CMHA says it’s important to take care of mental well-being during these times

A map released by the BCCDC on Jan. 15 shows the number of new COVID-19 cases reported for each local health area between Jan. 3 and 9. (BCCDC Image)
Weekly COVID-19 case-counts continue to drop in the Central Okanagan

The Central Okanagan recorded 110 cases Jan. 3–9, a huge drop from the 349 noted between Dec. 6 and 12

(Vernon Search and Rescue/Facebook)
Vernon Search and Rescue responds after family gets UTV stuck on SilverStar trails

The family activated their SOS beacon around 3 p.m. once they realized they could be facing a night alone in the mountains

A scene from “Canada and the Gulf War: In their own words,” a video by The Memory Project, a program of Historica Canada, is shown in this undated illustration. THE CANADIAN PRESS/HO - Historica Canada
New video marks Canada’s contributions to first Gulf War on 30th anniversary

Veterans Affairs Canada says around 4,500 Canadian military personnel served during the war

Vernon’s Heron Grove retirement facility. (Good Samaritan Society photo)
Resident of Vernon’s Heron Grove retirement home tests positive for COVID-19

Interior Health has not declared an outbreak at the facility

Williams Lake physician Dr. Ivan Scrooby and medical graduate student Vionarica Gusti hold up the COSMIC Bubble Helmet. Both are part of the non-profit organization COSMIC Medical which has come together to develop devices for treating patients with COVID-19. (Monica Lamb-Yorski photo - Williams Lake Tribune)
Group of B.C. doctors, engineers developing ‘bubble helmet’ for COVID-19 patients

The helmet could support several patients at once, says the group

A 17-year-old snowmobiler used his backcountry survival sense in preparation to spend the night on the mountain near 100 Mile House Saturday, Jan. 16, 2021 after getting lost. (South Cariboo Search and Rescue Facebook photo)
Teen praised for backcountry survival skills after getting lost in B.C.’s Cariboo mountains

“This young man did everything right after things went wrong.”

Conservative Leader Erin O’Toole holds a press conference on Parliament Hill, in Ottawa on December 10, 2020. THE CANADIAN PRESS/Sean Kilpatrick
No place for ‘far right’ in Conservative Party, Erin O’Toole says

O’Toole condemned the Capitol attack as ‘horrifying’ and sought to distance himself and the Tories from Trumpism

A passer by walks in High Park, in Toronto, Thursday, Jan. 14, 2021. This workweek will kick off with what’s fabled to be the most depressing day of the year, during one of the darkest eras in recent history. THE CANADIAN PRESS/Chris Young
‘Blue Monday’ getting you down? Exercise may be the cure, say experts

Many jurisdictions are tightening restrictions to curb soaring COVID-19 case counts

Dastkar, a new furniture store in Vernon, features handmade, unique furniture carved from wood and inlaid with brass in the Chiniot style. The business located on 43rd Avenue was started in December 2020 but is currently unstaffed due to COVID-19 staffing shortages. (Brendan Shykora - Morning Star)
PHOTOS: Vernon’s hidden handmade furniture store

Owners of Shahi Pakwan Indian restaurant opened the South Asian furniture store in December 2020

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic in Toronto on Thursday, January 7, 2021. THE CANADIAN PRESS/Nathan Denette
COVID-19: Provinces work on revised plans as Pfizer-BioNTech shipments to slow down

Anita Anand said she understands and shares Canadians’ concerns about the drug company’s decision

Most Read