A holiday party is usually an opportunity to bring teams together and celebrate their accomplishments. However, if an injury or troubling behaviour is reported, the employer must quickly assess the situation and determine whether it needs to step in. The fact that the incident occurred away from the office, after regular hours, or even after the party officially ended does not necessarily release the employer from its obligations. Three issues deserve particular attention: recognizing an employment injury, disciplinary authority and harassment prevention.
Can an injury during or after the party be considered an employment injury?
Under Québec law, the Act respecting industrial accidents and occupational diseases (the “AIAOD”) covers, among other things, accidents that occur “in the course of work”. Case law has interpreted this expression broadly, recognizing that it may encompass activities that, while not directly part of the employee’s duties, retain a real connection to their employment. This connection can be indirect; the person need not be performing productive work at the time of the accident. In the context of a company party, decision-makers therefore conside all the circumstances to determine whether the activity being carried out at the time of the incident is sufficiently connected to work.
At a social event organized by the employer, the connection to work may, depending on the circumstances, extend beyond the venue or the event’s official end. Voluntary attendance or holding the event outside the workplace or regular working hours is not enough to rule out an employment injury. No single factor is decisive on its own, so the specific circumstances of each case must be evaluated.
| Parent-Poisson and La Ronde (2025 QCTAT 2848)
A ride operations coordinator helped organize and host the employer’s year-end party. Her preparation hours were paid or compensated, but she was not directly paid for attending the evening event. During a break, she walked a co-worker to her car, intending to return to her hosting duties. She slipped on a patch of ice and broke her ankle. The Administrative Labour Tribunal (the “ALT”) recognized this as an employment injury: her responsibilities benefited the employer, and the trip to the car remained connected to her role in organizing and supervising the party. Practical takeaway for employers Document the duties actually performed during the event, not just the employee’s job title or the fact that attendance was optional. |
An employment injury can also be psychological. In cases involving sexual violence, the AIAOD sets out specific rules that can make it easier to have an employment injury recognized. In this context, the circumstances surrounding the party and how attendees left can become decisive.
| De Sousa and Corporation interactive Eidos (2026 QCTAT 4)
In 2022, an employee attended a video game launch event organized by the employer. Heavily intoxicated, she asked for a ride home. A consultant working for the company drove her to her home, where he sexually assaulted her. The ALT recognized her acute anxiety disorder as an employment injury. It found that, in these specific circumstances, shortcomings in the management of alcohol and of attendees’ departures contributed to her vulnerability, and that the assault formed part of a sequence of events that flowed directly from the original event. Practical takeaway for employers When an incident occurs after the event, retrace the sequence of events before concluding that it falls within the private sphere. How the evening unfolded and how people left can shed light on the connection to work. This decision was the subject of an analysis by Langlois focusing on employers’ obligations when a sexual assault occurs after a company social event. |
When should the employer step in?
Whether or not an employment injury is recognized and whether the employer has an obligation to intervene are two separate questions. Even if the connection between an incident and work remains unclear, its impact on safety or the work environment may require the employer to make the necessary inquiries, put appropriate protective measures in place, and, where warranted, impose disciplinary measures.
When can an employer impose disciplinary action?
Conduct that occurs during a social event—or even in an employee’s personal life—may warrant disciplinary action if it is sufficiently connected to their job, particularly because of its impact on the workplace. Even when an event falls entirely within an employee’s private life, the employer may be required to intervene if its consequences affect people’s safety or the work environment, even though discipline may not be warranted.
Before taking disciplinary action, it is important to gather the necessary information and allow the person concerned to tell their side of the story. The facts must then be evaluated in context: the seriousness of the conduct, any relevant prior history, the person’s duties, and any mitigating or aggravating circumstances. The applicable rules, such as those set forth in the current collective agreement, must also be followed.
| Thompson c. 3289419 Canada inc. (2026 QCTAT 2615)
The ALT upheld the dismissal of an employee for sexual misconduct toward a co-worker at a company picnic. In particular, it noted the seriousness of his conduct, a prior warning, and the lack of any reasonable prospect that he would amend his behaviour. It also found that the employer’s investigation, despite some flaws, had been reasonable and diligent: the employee had been allowed to present his side of the story, and sufficient information had been gathered. Practical takeaway for employers This decision underscores the importance of verifying the facts before imposing discipline. It does not mean that any misconduct at a party is grounds for dismissal. The measure chosen must remain proportionate to the situation. |
How can employers prevent harassment and intervene even without disciplinary action?
Under the Act respecting labour standards, employers must take reasonable action to prevent psychological harassment, including sexual harassment, and to put a stop to it when they become aware of it. The company’s harassment prevention policy must include, among other things, guidelines on the conduct expected at work-related social events. Employers must also take the necessary measures to protect workers’ health and ensure their safety as well as physical and mental well-being.
These obligations may call for inquiries, protective or supportive measures, and follow-up, even when no disciplinary action is taken. A formal investigation is not always necessary, particularly when the facts are not disputed, and appropriate measures have been put in place to stop the harassment. However, the approach must aim to prevent risks and protect the individuals concerned.
| Kerry Canada (2022 QCTA 224)
After a Christmas party organized by the employer, several employees went to a hotel, where group sexual activity and drug use allegedly took place. The very next day, rumours of sexual assault and harassment were circulating within the company, disrupting the work environment. The employer then launched an investigation to shed light on what occurred. Although the alleged activity took place in a private setting, the arbitrator recognized the legitimacy of the investigation, given the impact of the alleged activity on the workplace. She also confirmed the obligation of employees to cooperate in good faith in such an investigation. During the investigation, one employee cited the private nature of the events to justify his lack of cooperation. The arbitrator found, however, that the impact of the events on the workplace justified the investigation, and that the employee was required to cooperate honestly. Although the sexual harassment allegations were ultimately not substantiated, the employee was dismissed for failing to cooperate. The arbitrator nonetheless overturned the dismissal because, contrary to the requirements of the collective agreement, the employer had not given the employee the opportunity to give his version regarding this specific violation. Practical takeaway for your organization Even when events fall within employees’ private lives, their impact on the workplace may justify employer intervention, including an investigation. However, this right to intervene is not unlimited: the employer must act diligently, respect the rights of the people involved, and follow the applicable rules, particularly when considering disciplinary action. |
Checklist: Organizing a Company Party
The following checklist gives employers some guidance on preventing incidents at employee parties and planning how to handle any incident that may occur.
Before the event
☐ Update your policies. Review harassment prevention policies and codes of conduct to ensure they cover social events and set out how to report incidents.
☐ Communicate expectations. Inform all staff of expected behaviour, applicable policies, and reporting procedures, keeping in mind all the invited guests.
☐ Designate who is in charge. Identify the individuals responsible for overseeing the event and handling any incidents that may arise.
☐ Tailor your prevention efforts. Assess the risks specific to the event, particularly those related to alcohol consumption and how attendees will get home. Plan practical measures suited to the context.
When an incident is reported
☐ Assess immediate needs. Determine the appropriate protective and supportive measures for the individuals concerned, without prejudging the outcome.
☐ Document the facts. Record the location, time, the role of those involved, names of witnesses, and any potential impact on the workplace. Distinguish between reported information and established facts.
☐ Determine what investigations are needed. Assess what information needs to be gathered and whether an investigation is warranted, depending on the circumstances. Avoid jumping to conclusions.
☐ Decide on next steps. Assess the protective measures needed and whether disciplinary action is warranted, then make sure any claim filed with the CNESST is handled.
☐ Make follow-up a priority. Putting measures in place does not always discharge the employer’s obligations. Stay in touch with the people involved, verify the effectiveness of the measures and adjust them as needed, while respecting confidentiality.
Making Decisions Based on the Facts
The party may be over, but the employer’s obligations do not necessarily end with the festivities. That is why careful planning remains essential. Anticipating risks, reminding staff of expected behaviour and putting appropriate preventive measures in place not only reduce the risk of incidents but also make them easier to manage.
If an incident occurs despite these precautions, the employer must quickly assess the situation, conduct the necessary investigations, and take appropriate action, while respecting the rights of those involved. In more sensitive situations, seeking legal advice can also help the employer navigate the process and avoid missteps.
After all, it’s better to plan for the morning after than to deal with the consequences before a tribunal.