Work accidents don’t just happen at the office or on construction sites. They can also happen during social activities with coworkers, like during the classic holiday office party! But what happens if someone gets hurt or faces inappropriate behaviour during one of these events? Do any workplace protections apply in Quebec?
In most cases, if you’re injured on the job and your employer has an establishment in Quebec, you can file a claim for compensation with the labour board of Quebec, called the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST).
If the labour board accepts your claim, you may be compensated for lost wages and get reimbursed for medical care and rehabilitation services costs.
To be considered a work accident, the injury has to happen in the course of your work. If it happens during regular work hours at your workplace, it’s usually straightforward. But what about if injuries happen at events held outside of regular hours or off-site? It depends on the situation.
Company events: Work function or private activities?
To receive compensation, two conditions must be met. First, the accident must have happened during an event organized by the employer, like a happy hour, a office party or a staff retreat. Casual outings organized only by coworkers are not covered.
Second, the accident must qualify as a work accident. To see whether the accident qualifies as such or not, the labour board will look at several factors:
- Was the event held at a location linked to the company (e.g., the office or a space rented by the employer)?
- Did the accident happen during work hours?
- Was the employer organizing the event or strongly encouraging employees to participate?
- Was attendance at the event mandatory?
- Was the event tied to professional goals (like team bonding)?
What the courts say
Decisions vary depending on the situation.
For example, a worker who injured her shoulder during a game organized at a company Christmas party was found entitled to compensation. The administrative judge ruled that, even though participation in the game was voluntary, the event served the employer’s goal of improving the work environment.
On the other hand, a worker who was injured after jumping out of a window into snow wasn’t compensated. The accident happened at a chalet during a wine-and-cheese evening organized by the employer. The administrative judge found that jumping out the window was a personal choice made by the employee. The act was completely unrelated to the employee’s work, so it wasn’t qualified as a work accident.
If an accident isn’t covered by the labour board, the injured person may still have the option to sue the organizer or another implicated person through a civil lawsuit.
Harassment and misconduct: The employer is still responsible
Unfortunately, sometimes office parties can also be the setting for inappropriate behaviour. If the behaviour is serious or repeated, it may qualify as harassment. Harassment can be:
- psychological: for example, repeated insults or taunts, teasing, bullying.
- sexual: for example, inappropriate touching, comments or conduct.
Even outside of the regular work environment, employers are still responsible for preventing and addressing inappropriate behaviour. If an employer learns that such behaviour happened during the holiday office party, they must investigate and take appropriate action—which could include firing the harasser.
Employees who experience harassment have recourses against the harasser or even the employer. However, these recourses are not the same as those for work accidents. For more information, check out our articles on psychological and sexual harassment at work.
You can also contact organizations like the Help and Information Center on Harassment in the Workplace, which can help you understand your options.