Posts: Social Media

Employees have a duty to ensure that their out of hours conduct (including social media posts) is not contrary to the obligations they owe to their employer. Further employees should also ensure that out of hours conduct is not in breach of workplace policies or damaging to the reputation of their employer.

Social media and employee’s conduct online has without doubt added a layer to the employer and employee relationship. While employees may think that their online activities done outside of work hours may be private, their conduct online may become relevant to their employment, for example, where it may disparage their employer, other employees or clients.

The Queensland Government recently passed legislation amending the Criminal Code Act 1899 (the Code) to criminalise wage theft by employers in Queensland.‍The Criminal Code and Other Legislation (Wage Theft) Amendment Bill 2020 (the Bill) was introduced to the Queensland Parliament in response to a Report released in 2018 by the Queensland Parliamentary Education, Employment and Small Business Committee following an inquiry into wage theft in Queensland. The Report identified critical issues in wage theft as well as deliberate action taken by employers to frustrate employees’ attempts to recover entitlements.

Since it arrived in Australia, Uber has been under fire for its disruption of the transport industry and its complicated relationship with its drivers.

As the Israel Folau saga enters another chapter, our Managing Director Athena Koelmeyer shared her thoughts with Smart Company’s News Editor, Matthew Elmas, on how this case will potentially affect all employers and employees not just sporting organisations and athletes.

According to the Fair Work Commission’s (FWC’s) most recent annual report, unfair dismissal applications are by far the most common type of application lodged with the FWC.

The 76ers are in the spotlight again following recent posts on the Twitter account of Bob Muscala, the father of one of its players.

Employees active on social media (such as Facebook) fail to consider who might be able to see their personal online posts at any given time.

One of the National Rugby League’s (NRL’s) leading referees to retire at the end of the 2018 season has (again) prompted discussion about the obligations of employers when managing mental health in the workplace.

Social media is also recognised as a powerful information sharing tool and many social movements are commenced and advanced online.

Last-minute meetings and unexpected emergencies (especially safety emergencies) mean that messages and information often need to be relayed to employees almost instantly.

Tennis champion Serena Williams as she returned to her first Grand Slam tennis tournament following the recent birth of her daughter.

Sports and pop culture website named ‘The Ringer’ published a report about the NBA’s Philadelphia 76ers that sparked controversy worldwide.

Unfair dismissal application lodged by an employee who was summarily dismissed in a Facebook Messenger chat.

Intimidating and threatening behaviour by a supervisor towards a subordinate employee via text message and on social media.

Recently sports and news outlets were abuzz after video emerged of a NBA player captured on video allegedly confessing to cheating on his celebrity girlfriend. The twist in the tale was that the video was secretly filmed by one of his team mates and without the player’s knowledge.

What should employers do when employees leave the business and fail to update their online profiles to reflect the change? Here are our top tips for ensuring that exiting employees don’t damage your business’ reputation because they failed to update their employment status online.

There is no doubt that social media has changed workplace relations. It has impacted the employment relationship and the relationships employees have with each other. We look back on some of the more interesting social media cases from the year that was 2017.

The recent Australia Day off-field incident which involved an NRL Sydney Roosters player serves a warning to both employers and employees about the dangers of alcohol and social media.

On 10 July 2016, a Mount Buller Reindeer Ski Club employee posted to Facebook a scathing assessment of guests employed by recruitment company, Michael Page Recruitment. The Ski Club employee alleged that the 22 guests caused a nuisance, were heavily intoxicated and became abusive to her and the Ski Club’s Manager.

A recent civil law suit filed in the US is set to examine how an employer might be liable for an employee’s conduct on social media. The suit alleges the employer is liable for the actions and damage caused by a managing director who used his LinkedIn account for official recruiting purposes but eventually began sending unsolicited and inappropriate (e.g. sexual) messages to a prospective employee.

Last week, Fairfax reported that a Norfolk Island public servant had her pay docked after she “committed a breach of discipline” by posting comments on Facebook referring to the island’s administrator as “an a***hole”. This story is a good reminder for both employers and employees about the pitfalls of social media and the blurred line between personal and professional lives.

Employers are often uncertain as to how to deal with the out of work hours conduct of employees.