So, the big question is; how do I manage the employee’s use
of social media. A recent case in Townsville featured a retailer and one of
their employees who saw fit to post his frustrations about pay issues on their
facebook page. The post was threatening and offensive. They did not directly
referencing the company but members in their network were also employed by the
company so could have been clearly identified.
The end result was that the company terminated the employee
for gross misconduct and the employee subsequently lodged an unfair dismissal
claim with Fair Work Australia. In the end, Fair Work ruled that the dismissal
was fair and that the employees conduct warranted his dismissal for “misconduct”
and the fact that even though the posts were made from home outside of working
hours made no difference.
So what have we learnt from this case?
- It shows that employees cannot say what they like about their employers on social media.
- Employers may treat negative posts as a breach of discipline, and
- Highlighted the importance of the company providing policies which offer a clear guideline regarding what is and is not acceptable for posting on their social media accounts.
What should be in a Social Media Policy?
- Clearly define what you mean by ‘Social Media” and define the technology
- Clearly define who is deemed to be responsible for the post.
- Provide “Topic” guidelines which help the employee to understand what is acceptable.
- Provide “off limits” guidelines to what is deemed to be unacceptable and defamatory content
