Resuming in-person holiday parties: What employees need to know

During the COVID-19 pandemic, companies across Canada have either cancelled their holiday office parties or opted to celebrate virtually with staff.

However, many businesses are looking to resume in-person celebrations following the easing of public health restrictions.

Before partying it up with management and your colleagues, it’s important to understand your rights and responsibilities to ensure a safe and harassment-free event.

LISTEN: Employment lawyer Chantel Goldsmith discusses some holiday office party dos and don’ts with 900 CHML’s Scott Thompson.

What information do I need from my employer before attending the holiday office party?

Generally, employers in Canada will inform staff of any policies or guidelines that they are required to follow during the event, including:

• Whether face masks and social distancing are mandatory
• If there is a casual, semi-formal, or formal dress code
• Whether food or gifts are necessary for certain activities (i.e. potlucks, gift exchanges, etc.)

If your company’s holiday party is coming up, and you haven’t been informed of any requirements, it’s a good idea to confirm with your employer that there aren’t any.

• Example: A worker in Toronto was getting ready for her company’s first in-person holiday party in two years. Due to the COVID-19 pandemic, the business decided to celebrate virtually instead. A few days before the event, the employee realized that she had not been informed of any public health guidelines that she needed to follow in order to attend. She reached out to her manager, who recommended that she connect with the human resources (HR) department. HR informed her that workers do need to wear masks at the event, and a company-wide memo was sent out.

What steps can I take to ensure a harassment-free event?

Everyone has the right to enjoy holiday office parties without being harassed. Unfortunately, this isn’t always the case.

There are a number of steps you can take to ensure a safe and harassment-free celebration, including:

• Limiting how much alcohol you drink
• Making sure you eat something if you are drinking alcohol
• Don’t discuss controversial topics (i.e. personal finances, politics, religion, etc.)
• Don’t comment on the physical appearance of attendees
• Dress appropriately for the occasion

What steps can my employer take to ensure a harassment-free event?

Employers in Canada are legally obligated to provide staff with a safe and harassment-free environment.

During holiday parties, there are a number of ways that companies can accomplish this, including:

• Implementing a policy for social events (i.e. outline expectations for etiquette at company parties, dress codes, etc.)
• Using drink tickets to limit the amount of alcohol employees can have
• Providing adequate food and non-alcoholic drink options
• Offering cab tickets/tokens to ensure staff can get home safely

I was harassed at the company’s holiday party, what should I do?

Non-unionized employees in Canada don’t have to tolerate harassment in the workplace or at company events, such as a holiday party.

Your employer should have a policy that outlines who you can speak to if you experience harassment or discrimination. An example would be the HR department.

If you can’t deal with the situation internally because you were harassed by management, an experienced employment lawyer at Samfiru Tumarkin LLP can help you explore your legal options.

When companies create, or allow for the creation of, a hostile or toxic work environment, this can be grounds for a constructive dismissal.

In this situation, the law allows you to resign and pursue full severance pay, which can be as much as 24 months’ pay.

If you believe that you have been constructively dismissed, don’t quit your job until you speak with a member of our firm.

LEARN MORE
• How to calculate severance pay
• Do I get severance if I quit?

Filing a human rights complaint

In addition to a constructive dismissal claim, you can file a human rights complaint if you experience harassment in the workplace or at company events.

The Human Rights Tribunal of Ontario, Alberta Human Rights Commission, and B.C. Human Rights Tribunal, are examples of organizations that are responsible for dealing with complaints pertaining to their province’s human rights legislation.

Successful human rights complaints can result in compensation for the individual who experienced harassment.

SEE ALSO
• Recruiter awarded $50K, lost wages after sexual harassment by HR manager
• Former Vancouver Canucks staffer alleges discrimination, wrongful dismissal
• Alberta admin assistant awarded nearly $40K in discrimination case

Can my employer fire me for refusing to attend the company’s holiday party?

Your employer can fire you if you don’t attend the holiday party — regardless if you have a good reason for why you can’t come.

This is called a termination without cause. In Canada, companies can let non-unionized employees go for any reason, as long as:

• They are provided full severance pay
• The reasons for their dismissal aren’t discriminatory

However, it’s very unlikely that your employer would be able to fire you for just cause in this situation, which would mean no severance package or access to Employment Insurance (EI) benefits.

To justify this, the company would have to prove:

• Progressive disciplinary measures were applied
• A less severe punishment would be inappropriate

This type of termination is reserved for the worst kinds of workplace offences, such as assault or theft.

LEARN MORE
• Severance for provincially regulated employees
• Rights to severance for federally regulated employees
• Severance pay in a recession

Can my employer punish me for refusing to attend the company’s holiday party?

Your employer can’t punish you for refusing to attend the company’s holiday party.

If your employer threatens to discipline you if you don’t attend the event, or disciplines you because you didn’t attend, contact an experienced employment lawyer at Samfiru Tumarkin LLP.

We can assess your legal options and help you secure the compensation you deserve.

SEE ALSO
• Reprisals at work in Alberta: Know your rights
• Employment Law Show: What to know about changes to your job

I can’t participate in the company’s holiday party because of my disability, what should I do?

If you need special accommodations in order to participate in the company’s holiday party, tell your employer immediately.

In Canada, companies have a duty to accommodate staff when it’s in relation to a protected ground under federal or provincial human rights legislation.

Examples of protected grounds include:

• Disability (physical or psychological)
• Age
• Race
• Gender
• Religion
• Family status

Instead of assuming that your employer will accommodate you without telling them, it’s always best to provide a friendly reminder well in advance.

• Example: A worker in Edmonton arrived at the restaurant where his company’s holiday party was taking place. As he approached the entrance, he realized that the building didn’t have wheelchair access. When he asked his employer why there wasn’t a ramp so that he could easily enter and exit the restaurant, he was told that management didn’t receive a request to accommodate his needs. The employee admitted that he didn’t notify the company that he would require special accommodations ahead of the event.

However, if you did inform your employer of your needs ahead of time, and believe that the company didn’t properly fulfill their duty to accommodate, contact an experienced employment lawyer at Samfiru Tumarkin LLP.

We can review your situation and ensure that your workplace and human rights are properly enforced.

LEARN MORE
• Employment Law Show: Duty to accommodate in Canada
• Disability in the workplace
• Long-term disability claims: Your rights

How we can help

If you are fired or let go for any reason, or believe that your human rights have been violated, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Toronto, Ottawa, Calgary, and Vancouver can review your situation, enforce your rights, and help you secure the compensation you are owed.