The Morning After: A St. Patrick’s Day Guide to Keeping Your Job
St. Patrick’s Day is a staple of the social calendar, and for many Ontario workplaces, it’s an opportunity to blow off some steam with a team lunch or an after-hours social gathering. But while the beer might be green, the legal consequences of party fouls are black and white.
While most blogs on this topic focus on employers and how they can reduce their liability when hosting social gatherings, today we’re flipping the script. If you’re an employee heading out to a firm-sponsored event today, here’s how you can protect yourself and your career, while still enjoying the festivities.
The “Off the Clock" Myth
Many employees believe that once the laptop is shut and the first round is ordered, the workplace rules no longer apply. In Ontario, this is a dangerous misconception.
Under Section 1(1) of the Occupational Health and Safety Act (OHSA), a "workplace" is defined as “any land, premises, location or thing at, upon, in or near which a worker works.” Ontario courts interpret this broadly: if your employer is sponsoring the event, that pub or restaurant is legally your workplace for the duration of the party (for example, see Metrolinx v. Amalgamated Transit Union, Local 1587, 2025 ONCA 415, where the court held that off duty conduct could lead to disciplinary action).
Can you actually be fired for what happens at a party? The answer is a resounding yes.
In the case of Huffman v Mitchell Plastics, 2011 HRTO 1745, an employee became heavily intoxicated at a company holiday party. He made physical threats and sexually inappropriate comments to colleagues and management. He was terminated the following Monday.
The employee argued that his behaviour was a result of alcoholism (a disability under the Human Rights Code) and that the firm should have accommodated him. However, the Tribunal dismissed his claim, noting that the employee hadn't disclosed his disability or sought accommodation until after the misconduct occurred.
Under Section 32.0.7 of the OHSA, an employer must ensure an investigation is conducted into incidents of workplace harassment. This means if a complaint is made about your behaviour today, or if the company is simply aware of an incident occurring, the company doesn't have the legal option to just ignore it because "everyone was drinking"—they are statutorily required to investigate.
“Rough and Boisterous" Conduct (Yes, that's the law)
If you think the law doesn't have a sense of humor, look at Section 28(2)(c) of the OHSA. It explicitly states that a worker shall not “engage in any prank, contest, feat of strength, unnecessary running or rough and boisterous conduct.” While it sounds like a rule a teacher might impose on a classroom, this is a real statutory duty in Ontario. A friendly arm-wrestling match or an offhand comment to a coworker while under the influence isn’t a laughing matter—it's a breach of your legal obligations as a worker.
How to:
Treat it as a Work Function: If something you say or do would be inappropriate at work, it is inappropriate at a work event.
The Transport Plan: While the employer has a Duty of Care, the personal and legal fallout of your actions fall on you. Arrange a safe ride home.
The Monday Morning Test: Before you say it or do it, ask: "Am I comfortable explaining this to my boss in a boardroom on Monday?"
The Bottom Line: We want you to enjoy the holiday, but as employment lawyers, we’ve seen how quickly a celebration can turn into litigation. Stay safe, stay professional, and keep your green beer—and your career—intact.
