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Home icon arrow Legal Insights icon arrow Employment Law icon arrow Holiday Parties — Effective Morale Boosters or Legal Liabilities Waiting to Happen?
Holiday Parties — Effective Morale Boosters or Legal Liabilities Waiting to Happen?

Holiday Parties — Effective Morale Boosters or Legal Liabilities Waiting to Happen?

Q: I run a small business in Hamilton and have eight staff members. Ever year, we have a New Year’s Eve party (instead of a holiday party). I’ve heard a few horror stories from other local employers. What are the risks?

A: Many employers hold holiday parties for their staff. These are excellent opportunities to show employees they are appreciated and to relax and get to know one another outside of the formal workplace setting. But they also carry risks — driving while intoxicated following the party and sexual harassment at the party are the two most frequent I’ve seen over the years in my practice.

These can be managed by setting clear expectations in advance. Here is what I typically advise my employer clients:

  • Remind employees that while they are there to relax and enjoy one another’s company, workplace rules and policies are still in effect. Sexual harassment, or sexual jokes, will not be tolerated.
  • Avoid activities which contribute to inappropriate conduct. Drinking games, mistletoe, kissing at New Year’s Eve events, are examples.
  • Have employees agree that if they are going to consume alcohol, even if just a couple of drinks, they should not drive and provide taxi chits for employees at the company’s expense.
  • Remind employees that they should refrain from posting pictures and videos of their colleagues taken from the party without their consent.
  • Remind employees that they are responsible for their guest’s behaviour and conduct at the party.

While we often hear of holiday parties gone bad, those are the exception in my view and should not be a deterrent to safe and responsible downtime among colleagues during the holiday season.

This article was originally published by The Hamilton Spectator.

December 27, 2025 Employment Law

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Wade Poziomka Wade Poziomka

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