Posts: Social Media

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Social Media

Commission finds inappropriate social media use formed valid reason for dismissal

Message delivered

A recent decision of the Fair Work Commission has confirmed that an employee’s inappropriate use of social media group chats may form a valid reason for dismissal, particularly when matters relating to work are discussed.

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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.

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Casual employee unfairly dismissed for Facebook recommendation

Halt before you post

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.

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Workplace Relations Review

Cases and Legislation September 2020

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.

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Social media, sporting clubs and athletes

Doing It For The 'Gram

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

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Folau sacking case could change how employers deal with discrimination

"Impossible position" for employers

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.

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Unfair dismissal claims and “valid reasons”

Valid point

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.

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Employees, their relatives and social media – where is the line?

Brand -new day

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

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Fair Work Commissioner considers Facebook posts as evidence in an unfair dismissal matter

It wasn’t me

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.

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Managing mental health in the workplace

Cecchin in on your employees

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.

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Social Media and Industrial Action

Welcome to the 21st Century

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

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A lesson on the importance of formal communication structures in the workplace

Careless whisper

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

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The return to work guarantee under the Fair Work Act 2009 (Cth)

100% guaranteed

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

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The 76ers Twitter saga and confidentiality in the employment relationship

Nothing but Net

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

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Employee awarded compensation for dismissal over Facebook Messenger

Respect my authority

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

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FWC sends strong warning to employees about social media

Say it to my face

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

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How videos and social media can destabilise your team

Are you rolling with the team?

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.

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When employees leave but their online profile says otherwise

If you leave me – Can I come too?

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.

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Our 2017 wrap-up of social media in the workplace

Social savvy

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.

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The danger to employers for employees caught behaving badly

Video on demand

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.

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Recruitment Company snowed under by social media reaction to misbehaving employees

Cold As Ice

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.

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Can an employer be liable for employee misbehaviour on social media?

A recent civil law suit filed in the US highlights the need for employers to clearly define what is and isn’t “work-related conduct”

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.

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5 Social Media Behaviours for employers to watch out for

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

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.

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Employer interest in employee’s out of work conduct

Off the clock

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

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