@employee, you’re fired

Can you dismiss an employee for a Facebook post?

Social media is undeniably a part of everyday life for many people, and most businesses have incorporated social media into their official communications. It’s reach is enormous, hence the attraction to business and individuals alike. But what many avid users of sites like Facebook, LinkedIn or Twitter fail to realise is that, unlike in private conversations in everyday life, opinions expressed on social media sites can have serious workplace consequences.

Private becomes public

Even though social media updates by disgruntled employees are often posted outside the workplace, or after hours, these ‘private’ communications can easily catapult into the public domain. In the eyes of the law, such personal conversations may be deemed ‘work related’ and justify an employer’s decision to terminate an employee, particularly where defamatory or offensive status updates are posted or inappropriate photos are uploaded.

Becoming clearer

Cases involving dismissal of employees over misuse of social media are now reaching the courts. These hearings are quickly forming a new area of law specifically addressing the rights, restrictions and obligations of employers and employees in relation to the use of social media.

You’re fired

The recent ‘Good Guys’ case dealt with the situation where an employee posted a Facebook status with explicit and threatening comments directed at his employer’s payroll staff for paying him an incorrect wage. It was found that ‘while it is accepted that the applicant was frustrated by his unresolved pay issues, the manner in which he ultimately dealt with the issue warranted his dismissal for misconduct.’ This was despite the fact that the employee’s comments were made on his home computer, on a personal website and outside of working hours.

Not on the clock, still on the hook

The ‘Good Guys’ decision highlights that all social media interactions with fellow co-workers can still result in disciplinary action (or event dismissal) if an employee does not conform to the appropriate workplace behaviour – even outside of work hours and in the privacy of their our own homes.

Quick, call the policy

Social media policies in the spotlight