Office Christmas parties can end in lawsuits

BY HEIDI ULRICHSEN

Many companies host office Christmas parties in December as a chance for employees to relax and celebrate the festive season together.

But if employers aren't careful about how much people are drinking at these parties, they could potentially be sued, says a Toronto lawyer who is an expert on the subject.

Shelley Timms will make a presentation about alcohol liability and risk management at office parties tomorrow (Nov. 23) from 6 to 9 pm at the Bridges Restaurant  on Elgin St. in the Quality Inn (formerly the Senator). Tickets to the event cost $20 each and include dinner.

The event was organized by the Sudbury & District Health Unit in recognition of Drug Awareness Week.

“Christmas parties are always a nice reward for staff. Sometimes they also do Christmas parties for clients and suppliers. It is something that lifts the morale a little bit,” says Timms.

“Where they might get a little carried away...is there might be a little too much alcohol flowing. Unfortunately, when people have too much to drink, there are usually consequences.

“It can be as minor as having too much to drink and acting stupid in front of your colleagues to more serious things such as a sexual harrassment, other kinds of harrassment, as well as drinking and driving, which could cause injury or death.”

Timms points out a famous case where Sutton Group, a Canadian real estate company, was sued by a Barrie employee who drank alcohol at an office Christmas party and later crashed her car.

“It was a self-serve bar at the office. That's a big mistake right there. Around 4 pm, the employer noticed the employee was 'more than her usual self,' if you will. He never described her as drunk, but he was concerned enough to offer to call her husband,” she says.

“The employer also offered taxis to everybody who needed one and another employee who didn't drink offered rides. She declined, and went out with a group of co-workers to a bar.”

The woman drank at least two beers at the bar. When she left the night club around 8 pm, the weather was bad, and one of her co-workers offered her a place to stay for the night. The woman declined, and crashed her car while driving home.

She survived the accident and sued her employers and the bar. They were held jointly responsible for $300,000 in damages, although the bar had no insurance and could not pay. The employer later appealed and settled the case out of court with the employee.

This case should be a cautionary tale to employers, says Timms.

No self-serve bars should be allowed at office parties, and bartenders should be properly trained to recognize the signs of intoxication. It's a good idea for employers to have parties at a licensed facility where there are already trained staff, she says.

“Free alcohol is an invitation to disaster. If you want to reward your employees for a great year, give them rewards in other ways. Give them a small gift certificate. If you add up what free alcohol costs at the end of the night, you'd be better off handing them a gift.”

Employers should also provide free taxis and make sure their guests know about the service, she says.

For more information about the event, phone Cheryl Harvey at 522-9200, ext. 418.

Tips for employees

- Although office parties are intended as social events to reward employees and raise morale, they remain strictly business events. Act as though your behaviour is being observed every minute because it probably is.
- Conduct yourself professionally at all times. Do not use the office party as an excuse to blow off steam. It is still a company function, so proper etiquette and decorum matter.
- Enjoy yourself at the party. Employers spend the big bucks to reward their employees, so be sure to enjoy the only holiday gift you may be getting from the company.
- Conservative party clothes are a good choice. So, do remember to skip anything too revealing or too flashy. Keep your reputation for good taste intact.
- The office party is not the time to end your career with the company by doing something inappropriate or illegal.
- Do not spend all evening talking business. You will forever have the label as the office bore.
- Keep all conversations positive and upbeat. Do not spend the evening complaining, bragging, correcting, whining, or ridiculing. And do avoid controversial subjects and off-colour jokes.

Source: BC Safety Council