As an employer, you could be responsible for the actions of your employees and your contractors at the Christmas Party.

As an employee, you have an increasing level of personal responsibility in an era where instant, far reaching communication tools are readily available.

Even now, Human Resources (HR) professionals and employment lawyers are already managing fallout from 2010 Christmas events and in particular from online social networking gone wrong. An increasing trend is sexual harassment of men by women.

Sometime since Christmas last year, and despite recent high profile sexual harassment cases in the media, some workplaces have seen staff forget about Equal Employment Opportunity (EEO) and Sexual Harassment policies. And ignorance of how these still apply to social networking usage will not be an excuse in the ensuing January workplace investigation.

Yes, it used to be what people did at the work party or event that could land them into trouble. Now, their publicly expressed opinions about and recordings of what happens at the work party or event can resonate long after the send key is pressed on Twitter or Facebook.

Employers and employees should take precautions. It is imperative that employees and managers are more aware of what conduct is acceptable at or following a Christmas party.

Employees should:

  • think carefully and read one more time before hitting "send" on that message post or photo/video tag to a social networking site
  • ensure that privacy settings on social networking sites such as Facebook are set to only allow trusted (non-work colleague) "friends" to view your page
  • think twice before publishing those embarrassing photos and videos of the party to the web
  • regularly check your privacy settings on social networking sites
  • check via a "friend of a friend" exactly what information, photos or posts any number of persons unknown to you could be viewing on your "wall".

Social networking sites such as Facebook and Twitter are experiencing exponential increases in usage. Employee use that is relevant to work can be the same as operating in the "workplace", and therefore carry the same rights and responsibilities and are subject to workplace policies. An opinion posted can be considered work-related if an employee is stating the opinion:

  • about other employees or their employer
  • to other employees or business stakeholders, or
  • to anyone in the virtual world who may be following or accessing their opinions, which are connected to their work or what it is they do.

Employees have the option of exercising caution in their privacy settings. If they do not do so, and make comments in any of these categories, they are placing their employment at risk.

Employers should:

  • nominate an event manager for the party
  • arrange the time for drinks to finish and the party to end
  • have a system in place for the employees to be allocated transport home
  • send an email to all staff and managers in the days leading up to the Christmas party reminding them of behaviour that is acceptable, referring and attaching policies, and advising participants of the finish time
  • ban official after-parties, and use of company cards at any unofficial after-parties to pay for drinks.

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.