1300 690 790
Smart workplace advice

Disciplinary action over employee’s social media misuse gets thumbs up by FWC

Social media misuse in the workplace is a hot topic for today’s employers and in many respects the law is still catching up with modern technology. Be that as it may, it is essential that employers have the right workplace policies in place so that employees are left in no doubt as to where their employer’s social media boundaries lie.

In this article we profile how an employee discovered the pitfalls of workplace misconduct involving social media – the hard way.

Read how the employer’s social media policy and watertight workplace investigation, overcame an employee’s dishonest denials about Facebook misuse and resulted in the employer’s disciplinary action being upheld by the FWC.

What are you investigating? Performance OR misconduct – it’s not as clear as you may think!

What are you investigating? Performance OR misconduct?

Before commencing any workplace investigation, HR investigators must understand what they’re investigating. Is it unsatisfactory performance? Is it misconduct? Is it a combination?

Employers who get it wrong may be vulnerable to an unfair dismissal finding if they’re sued.

We highlight a recent dismissal case involving a child care centre that demonstrates the importance of knowing the difference between performance and conduct…

‘Sound’ HR investigation into social media misconduct still leads to harsh dismissal determination

Comments by employees on social media, which are critical of their workplace and the actions of managers, readily draw the ire of employers.

In hard-fought appeal case, Fair Work Australia refused to overturn a decision that an employee’s dismissal was unfair, despite disagreeing that the offending comments about two managers had the “the flavour of a conversation in a pub or cafe”.

Read on to discover why the employer lost even though FWA accepted that the Facebook comments were “distasteful” “uncomplimentary” and “disgusting” …

Investigating Social Media Misconduct – DOs & DON’Ts

The use (and misuse) of social media by employees is a contentious issue. Unfair dismissal claims where the cause of the dismissal was an employee’s use of social media are becoming more common.

Many employees, through immaturity, ignorance or both, fail to realise that what they publish thorough social media is not private and could impact on their employment.

It is important you understand these straightforward DOs and DON’Ts when it comes to your next inevitable social media misconduct investigation…

Pin It on Pinterest