Every year at this time, we get phone calls from clients who have run into some employee ‘issue’ because of staff behaviour at holiday related events. In preparation of the festive season, here are some Yuletide tips to make your year end merrier.

 

1. The Christmas Party

A recent survey by Office Team showed more than half (52%) of employees surveyed indicate that the company office party is the best work-related way to celebrate the holiday season. Past legal cases have tied the employer to liabilities for the conduct of its employees at holiday parties organized by the employer.

Any work-sponsored event in a non-work-related facility is still considered a work event. Therefore, liabilities exist as do any workplace policies at the worksite.

Tip: As you plan your party, employers should ensure that employees understand the standard of conduct expected of them at a Christmas party and that they are expected to maintain professionalism and observe the provisions of any existing behaviour (bullying, harassment) policies at work related events. Employers might consider amending such policies, or introducing them if such policies are not in existence, to include references to work related social events if necessary.

2. ‘Tis the Season to be Jolly

Rewarding your hard working, stressed employees with a social event and unlimited alcoholic drinks can be a nice perk, but can lead to trouble if the right pre-planning doesn’t happen.

Tip: Plan ahead. Make sure food is being served. Have the event at a licensed location with ‘Served Right’ trained staff. Provide transportation, vouchers for cabs, or remind employees of your policy to reimburse transportation from a work-related event. Most cab companies have programs available for employers.

3. O Come let us adore him

Often the year-end provides us with time to reflect, be thankful for what we have and share with others. But don’t get carried away. What you say at the Christmas party or in a Christmas card can come back and bite you when you when you give the employee some negative feedback during their actual performance review.

Tip: Think about what you say and what you put in writing – always be sincere about what you say. Don’t talk about careers, performance or salary at the Christmas party as words of encouragement and good intentions can end up being misinterpreted later in the New Year.

3. T’was the Morning after

Employers are obliged, under the various provincial Workers Compensation Acts, to provide as far as is reasonable, a safe place for employees to work. Keep this in mind the day of or after the Christmas party – in particular employees who work graveyard shifts, or drive or operate machinery. An employee should not be at work under the influence of drugs or alcohol so that they do not endanger their own or another person’s health and safety at work.

At any time of year, employers should be cautious about testing employees for drugs and alcohol unless such testing is a bona fide requirement of their position, or where there is a clear policy for such testing, and the affects of negative results.

Tip: Employer’s should tell all employees of their expectation that employees who report to work the day after the Christmas party are not under the influence of alcohol or drugs.

4. Joy to the World

Or Not. Social Media can spread images and pictures quickly. While there might be no such thing as bad publicity, the last thing an employer needs is for images or footage from its Christmas party going viral on social media sites for all the wrong reasons.

Tip: Employers should ensure that employees are aware either through the company Social Media Policy or specific guidelines circulated in advance of the Christmas party, that employees should not place material on social media sites which would adversely affect the reputation of the employee, the employer and that such conduct may result in the employee being disciplined in accordance with the employer’s disciplinary policy.

5. Secret Santa

While Secret Santa in the office is often seen as a bit of fun, the anonymity involved can sometimes result in inappropriate, and even offensive gifts, being exchanged between colleagues.

Secret Santa’s will often have guidelines as to price, just add a reminder as to the appropriateness of the gifts.

Tip: Employers should ensure that employees are aware that Secret Santa, or any other gift exchanges as work, fall under workplace policies and be encouraged to consider in advance of selecting a gift whether their choice of Secret Santa gift might cause offence or be construed as bullying or harassment.

6. Happy Holidays

Under the various provincial Employment Standards Acts across Canada there are two statutory holidays during the year-end period; Christmas Day (December 25th), and New Year’s Day (January 1st). Boxing Day (December 26^th) is only a statutory holiday in Ontario and for federally regulated and banking employees across the country.

Check your provincial Employment Standards Act as to the appropriate statutory holiday payments for both full and part time.

Tip: Employers should have a year-end schedule when the business is open and confirm with employees the days they will be required to work over the holiday period in early December. Most employers (other than retail and hospitality) are closed on Boxing Day and may be provided as an unpaid day, a paid day (a company provided benefit) or employees may use banked time to cover any unpaid time.

7. Naughty or Nice List

Or a Bonus!! It is common practice at this time of the year for employers to give employees Christmas bonuses or gifts as a gesture of goodwill. The past few years, with the economic downturn and increased awareness to expense management, employers are reflecting on the value of Christmas bonuses and gifts and asking if they are worth it, are they obliged to give employees such bonuses. At the same time, employees often ask, is that all?

So what’s intent of your Christmas bonus? What sort of behaviour are you rewarding? We are not big fans of the Christmas bonus as it is just that; a bonus paid each Christmas, generally not tied to any level of performance and, even as a goodwill gesture, often does not meet employee’s expectations.

Other than contractual obligations, employers are not obligated to provide annual Christmas bonuses. However, if an employee’s contract of employment is silent in relation to the payment of a Christmas bonus, an employee may argue that such a bonus is an implied term of his/her employment contract where there has been a custom and practice of paying the bonus on a yearly basis over a number of years so be careful as to what expectations and liabilities you are setting.

Tip: If you are going to give something, consider the individual employee and what is important to them, versus a generic gift for all. Consider non-financial rewards such as providing your employees 2 hours of paid time to volunteer at an organization of their choice in place of a $50 Best Buy gift card.

If you are tying the payment of the bonus to actual company or individual performance, we would recommend you move away from any reference to Christmas bonus and have the payment be made in January as a discretionary bonus and encourage employees to contribute some or all towards their retirement (RRSP).

8. Let it Snow, let it Snow.

Just like any other unplanned absence, if an employee fails to attend work due to snow travel disruption, they have no statutory right to be paid.

What is your policy if there is a snow day? If employees come to work and leave early, are they paid for hours worked only, or the full day? If an employee works from home instead of coming to the office, are they paid a full day?

Tip: In the absence of a company-wide policy, where an employee is unable to attend work due to snow travel disruption, or needs to leave early as the result of excessive snow fall, the employee is not entitled to be paid but an employer should look at each situation on a case-by-case basis and should consider the possibility of an employee working remotely pending the employee’s return to work.

9. Do they know its Christmas?

Can I call it a Christmas party? Or does it need to be a holiday party? Just like any other decision made, a company should be aware of the environment in which it conducts business. Sensibilities may be different in a small town in the Atlantic Provinces compared with Toronto, for instance. How many employees do you have? The more you have, the more diversity you are likely to have and the possibility of offending someone may be higher as a result.

It is important to have employees bring in their holiday traditions into the workplace, but it doesn’t only have to be at Christmas. Consider other observed days such as Chinese New Year or Cinco De Mayo. What holiday traditions can be displayed in the workplace?

Tip: Be sensitive to your work environment and the corporate culture of your business. Be respectful of others’ traditions and find ways to incorporate them into the workplace.

While Christmas is a statutory holiday in Canada and all employees will have it off unless scheduled to work and paid accordingly, an employee who wants a different religion’s holiday off, for instance, could be offered a chance to work on Christmas instead. Some companies offer a list of set holidays and then give workers a few floating holidays to use for religious holidays that aren’t covered—or to use for any other purpose

1. Merry Christmas and a Happy New Year from the team at HRfx

Enjoy this time of year with your staff. Best wishes in 2015 to you and your family.

When you have put all our practical tips into action, you can relax and enjoy the festive season.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.