Managing employee use of social media – an emerging problem for employers Use of social networking sites (the more popular ones include Facebook, LinkedIn, Twitter, Instagram and Skype) has grown exponentially in recent years. These sites have substantially changed how people communicate with each other giving rise to new communications issues for employers to manage. To what extent such activities can be taken into account when performed outside of work time also needs to be managed. Trends are emerging through decisions of the Fair Work Commission (FWC) as to whether inappropriate use of social networking sites justifies the termination of employment. Consequences for employers of getting it wrong in terms of unfair dismissal claims can include reinstatement, redeployment into an associated entity and/or payment of up to 6 months wages for lost income between the termination and reinstatement/sourcing new employment. The principle that emerges from these cases is that where a disparaging and inappropriate comment is posted on a social networking site that clearly relates to, or identifies, the company and/or an individual employee, it is likely that disciplinary action or termination is justified. However, in each instance the content of the post and who has access to or has accessed the site, as well as any negative effects resulting from the post must be carefully considered. Recent decisions make clear that, despite comments being posted outside work hours (i.e. from a personal computer) this does not necessarily exempt employees from being disciplined in employment. As the FWC Deputy President Swan, commented, “The separation between home and work is now less pronounced than it once used to be”. Where there is sufficient link between the content of the post/twitter/blog and the composer’s employment, performance management and/or dismissal may be warranted. What is clear from these emerging decisions by the FWC is the need for employers to implement a policy or other formal document that clearly outlines their expectations of employees relating to the use of social media. The FWC is now expecting that employers (especially larger employers) make substantial efforts to educate their employees about policies and consistently apply such policies across the business. Where a social networking policy is in place and followed, there is a greater likelihood that the employer will be able to successfully defend an unfair dismissal claim. For assistance in drafting a social media policy for your workplace or if you are considering terminating an employee on the grounds of inappropriate social media use, please contact the CCI Employee Relations Advice Centre on (08) 9365 7660 or advice@cciwa before proceeding for professional advice and guidance.
Posted on: Mon, 07 Jul 2014 04:45:25 +0000
Trending Topics
Recently Viewed Topics
© 2015