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 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香蕉视频直播檛 drink alcohol, then probably. But if it香蕉视频直播檚 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.
香蕉视频直播淵ou are not being fired for your intoxication, you will be fired for an event, for example you assaulted somebody,香蕉视频直播� 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香蕉视频直播檛 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香蕉视频直播檛 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.
香蕉视频直播淭ypically what happens is the employer will make sure everyone has a safe ride, but I think it falls more on the commercial host,香蕉视频直播� Vickers said. 香蕉视频直播淭hey are the ones booking these parties making a ton of money.香蕉视频直播�
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香蕉视频直播檚 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.
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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.
香蕉视频直播淚t香蕉视频直播檚 super straightforward, they need to report it to their supervisor and they need to conduct an investigation to find out what happened,香蕉视频直播� Vickers said.
If it香蕉视频直播檚 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香蕉视频直播檚 where an employee might quit, but the reason they quit is, for example, persistent sexual harassment.
香蕉视频直播淚f you have somebody who says, 香蕉视频直播業 feel very uncomfortable coming to work, the boss flirted with me,香蕉视频直播� 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香蕉视频直播檚 failing to meet obligations.香蕉视频直播�
Employers really need to have a script in writing to follow in this regard.
香蕉视频直播淎ll employers ought to have a policy in place to address sexual harassment and bullying in the workplace generally.香蕉视频直播�
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.
香蕉视频直播� READ MORE:
香蕉视频直播淭he #MeToo movement has certainly empowered individuals who have been on the wrong side of a harassment claim, say that香蕉视频直播檚 10 or 15 years old,香蕉视频直播� he said. 香蕉视频直播淭hey are just more difficult to investigate because the evidence isn香蕉视频直播檛 fresh. That doesn香蕉视频直播檛 say anything about the legitimacy of the complaint.香蕉视频直播�
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香蕉视频直播檛 get out of control.
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paul.henderson@theprogress.com
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