The Role of a Social Media Policy in Protecting Your Business
In an era where millions of Australians are active online, and some engage in harmful social media actions, it’s crucial to understand the potential impacts on your organisation. Would a robust social media policy make a difference? The answer is likely yes.
Technology and social media have long blurred the lines between work and personal time. Colleagues who spend most of their week together often connect on platforms like Facebook, Instagram, and Twitter. This can create confusion about where an employee’s work life ends and personal life begins in relation to social media.
The Importance of a Social Media Policy
According to the Fair Work Commission (FWC) and Federal Courts, companies must take precautionary steps to protect themselves if employees engage in harmful social media activity. A strong social media policy is one such step.
Case Study: Banerji v Bowles (2013)
In the case of Banerji v Bowles (2013) FCCA 1052, Mrs Banerji, an employee of the Department of Immigration and Citizenship, anonymously posted over 9,000 tweets, many of which were critical of her colleagues, the Federal Government, and members of parliament. After an investigation, her employment was terminated for breaching the Australian Public Service Code of Conduct and Social Media Guidelines.
The Federal Court made it clear that freedom of speech does not provide a licence for an employee to breach their employment contract. The robust social media policy and Code of Conduct in place strengthened the employer’s grounds for dismissal.
Case Study: Linfox Australia v Glen Stutsel (2012)
In contrast, the case of Linfox Australia v Glen Stutsel [2012] FWAFB 7097 demonstrates what can happen without a clear social media policy. Mr Stutsel, a long-time employee of Linfox Australia, made inappropriate comments on Facebook about two managers. Linfox Australia dismissed him for serious misconduct, but he successfully claimed unfair dismissal.
The lack of a social media policy at Linfox Australia allowed the Commissioner to rule in favour of the employee, emphasising the importance of having a well-implemented social media policy.
Key Elements of a Social Media Policy
LegalVision suggests that a well-executed social media policy should address the following questions:
- When does work stop and personal life start?
The policy should ensure that employees cannot post negative comments immediately after clocking off work, even if they believe no one from work will see them.
- What sort of conduct is and is not acceptable?
Use examples in your social media policy to clarify expectations.
- What disciplinary measures are in place when an employee breaches this policy?
Clearly outline the consequences of violating the policy.
The Importance of Quick Action
Employers must act quickly if an employee breaches the social media policy. Document the breach(es) and subsequent warnings (if appropriate) to ensure that all employees are aware of company expectations. This provides a foundation for legitimate dismissal if necessary.
If you want to learn more about safeguarding your company and employees within the social media world, contact one of our local coaches today!