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NOVEMBER 2012 | HIRE
AND
RENTAL
NEWS
| 15
INDUSTRY IN FOCUS
By Chao Ni, Mason Sier Turnbull
Social media has infiltrated our personal
lives and it can impact on our workplaces
and employment relationships.
Cases involving dismissal of employees
over misuse of social media are being
considered by Fair Work Australia (FWA).
These cases are quickly forming a new
body of laws specifically addressing the
rights and obligations of employers and
employees regarding use of social media.
Facebook, by and large the largest and
most prevalent social media application,
has more than 850 million users worldwide,
including over 11 million Australian users.
This means one out of every two Australians
use Facebook.
There are obvious adverse consequences
for businesses that may be named or subject
to complaints posted on social media by
a user. Business goodwill and reputation
can take years to build, but just hours to
destroy, thanks to social media.
The ability to easily copy, distribute and
comment on content posted via social
The rise of social media issues in employment
media means no businesses are safe from
‘online persecution’ by internet users,
leading to real and serious financial
consequences. Failing to monitor and act
on social media content may lead to liability
for employers under various laws.
Courts recognise an employer has
the right to discipline employees for
conduct outside of working hours
1
, if
such misconduct: is likely to cause serious
damage to the relationship between
the employer and employee; damages
the employer’s business interests; or is
incompatible with the employee’s duty.
This general principle has been referred
to in cases involving employees, after
having been incensed by their employer’s
actions, venting their anguish through
social media. Cases include:
1
Rose v Telstra Corporation [1998] IRCommA 1592.
Dover-Ray v Real Insurance
2
: Employee
posted a particularly scornful blog entry on
her MySpace page after the conclusion of a
workplace investigation into her allegations
of sexual harassment. She labeled her
employer “witch hunters” and accused it
of “chasing dollars over safety”. The failure
to remove the blog entry after a request
by the employer was found by FWA to be a
valid reason for termination.
O’Keefe v Williams Muir’s
3
: Employee
posted a Facebook status littered with
profanities directed at his employer’s
payroll staff for paying him an incorrect
sum of wages. FWA found “while it is
accepted the applicant was frustrated by
his unresolved pay issues, the manner in
which he ultimately dealt with the issue
warranted his dismissal for misconduct.”
Stutsel v Linfox
4
: Employee posted racially
and sexually derogatory comments about
his managers on Facebook. FWA found
2
Dover-Ray v Real Insurance
[2010] FWA 8544.
3
Mr Damian O’Keefe v Williams Muir’s T/A troy
Williams The Good Guys [2011] FWA 5311.
4
Glen Stutsel v Linfox Australia [2011] FWA 8444.
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contact your local
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