Resources: Blogs

"I'm free to do what I want any old time"

Blogs
|

5 Social Media Behaviours for employers to watch out for

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.

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.

In recent years, the Fair Work Commission (FWC) has decided numerous unfair dismissal cases where employees have overstepped the mark on social media in various ways. Online negative comments about an employer (or manager) are not the only online behaviour that has the potential to cause damage to an employer’s interests or to the employment relationship.

Here are five online employee behaviours for employers to watch out for, several of which have taken centre stage in FWC decisions:

  1. Mr/Mrs Know-it-All – This employee has the propensity to take to social media and correct people or make comments to demonstrate their “expertise” in the employer’s business or industry. As demonstrated in S v Department of Human Services [2016] FWC 1460, this kind of online behaviour can cause serious headaches for employers, especially if that employee starts contradicting the appointed social media team in a public forum.
  1. The Lone Ranger – This employee doesn’t believe that their employer should have any control over their online conduct away from work. Take for example the case of P v Linfox Australia Pty Ltd [2014] FWC 446 where an employee flat out refused to acknowledge the company’s social media policy. He said, “as Linfox do not pay me or control my life outside of my working hours, they cannot tell me what to do or say outside of work, that is basic human rights on freedom of speech...” The FWC disagreed, and this case is authority for the position that employers are within their rights to take steps to protect their interests and reputation online, including by way of a social media policy that extends to how employee behaviour online could impact on the business.
  1. The Welcome Wagon – This employee makes it their business to “friend” every new employee on social media and initiate them into the business. Whilst it might sound friendly and well intentioned, in L v Credit Corp Group Ltd [2013] FWC 9642, one contributing factor to a finding that an employee’s dismissal was fair was this post:“On behalf of all the staff at The Credit Corp Group I would like to welcome our newest victim of b*tt rape, [employee’s name]. I’m looking forward to s**ually harassing you behind the stationary cupboard big boy
  1. The Unintentional Content Manager – This is the employee who takes it upon him/herself to manage the employer’s online presence, even though it doesn’t form part of their job. The risk for an employer is that this person may distribute misinformation and mislead clients or the public, represent their personal views as the employer’s position or derail the employer’s efforts to cultivate a particular online brand.
  1. The Flame Starter – This employee heads to social media to vent their spleen about their employer or make disparaging remarks about their manager. These types of comments can get particularly serious and, as the Full Bench said in Linfox Australia Pty Ltd v S [2012] FWAFB 7097, “The posting of derogatory, offensive and discriminatory statements or comments about managers or other employees on Facebook might provide a valid reason for termination of employment.”

What to do?

Employers need to be realistic about social media and accept that it plays a significant role in the way many employees choose to communicate with each other and the world. In doing so, the best thing employers can do is develop a clearly written social media policy and train employees on its content to make sure employees understand the employer’s expectation and the consequences of breaching the policy. Employees need to be regularly reminded that their actions online have the capacity to impact on the business of the employer and the employment relationship. The message is to think about both your work and private life before you post.

 

Similar articles

The importance of making policies accessible and easy to understand

Tell me in layman’s terms

Drafting workplace policies and procedures can be a daunting exercise – it requires a careful balance of including (or omitting) information that is necessary from a legal standpoint, whilst still remaining easy to understand and follow for employees.

Read more...

Prevention is better than a cure

Planning end of year work celebrations

As the end of another year approaches, employers are understandingly planning a well-earned opportunity for employees to celebrate the year that has been.

Read more...

FWC highlights the importance of a social media policy to safeguard employers’ reputations

An unwanted footprint

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.

Read more...

FWO secures penalties against bar operator and external accounting firm

Closing time

The Fair Work Act 2009 (Cth) requires employers to keep certain employee records for a period of 7 years. These records are necessary to ensure that employees have been paid their minimum entitlements should an underpayment claim be made.

Read more...

Employer found liable for workers compensation despite worker’s unreasonable perceptions

Fact or fiction

A recent decision of the New South Wales Personal Injury Commission serves as a reminder of the differing standards of proof when determining liability for claims of bullying and/or harassment under workers compensation laws and the Fair Work Act 2009 (Cth).

Read more...

Commission finds employee’s flexible working request to work entirely from home was not reasonable

The worst has now passed

One of the many changes to the Fair Work Act 2009 (Cth) introduced this year include the Fair Work Commission’s new powers to deal with disputes relating to requests for flexible working arrangements.

Read more...

Let's talk

please contact our directors to discuss how ouR expertise can help your business.

We're here to help

Contact Us
Let Workplace Law become your partner in Workplace Relations.

Sign up to receive the latest industry updates with commentary from the Workplace Law team direct to your inbox.