Can an Employees’ Social Media be Damaging Your Business?

It might seem that what employees do in their personal life is a world away from their work life. But sometimes, the line is not so clear cut. An employee’s behavior on social media can have consequences
professionally as well.

In a recent case

An employee made comments on various online forums. These comments harshly criticized governmental policy, called customers offensive names, and disclosed non-public information concerning internal processes.

Though the employee used an alias his employer was able to identify him through the personal details he revealed in the comments, such as his birthday and length of employment.

Upon learning his identity, an investigation was undertaken. The employee in question had been employed at that workplace for more than 20 years. He had received positive reports from his supervisors and colleagues. As a result of his online behavior, the employee was dismissed from his position.

 The employee acknowledged that he made the comments and that they were inappropriate but he believed the dismissal was disproportionate to his actions. He took the matter to the Fair Work Commission.

The Fair Work Commission found that the employee’s actions had the potential to bring the employer into disrepute.  However, the Commission also noted the employee’s good employment record and length of service.

The employee was reinstated but the Commission did not order his employer to grant lost pay. This was to serve both as a punishment for his actions and as a deterrent for others. This case demonstrates how out of hours behavior can have serious consequences for employees if it brings an employer’s reputation into question.  If your business has been negatively impacted by something your employee has said on social media you may have grounds for pursuing further action but get legal advice first.