Social Media Policy for your Workplace
A recent case before Fair Work Australia (FWA) highlights the benefit for companies in having a social media and other relevant policies and making staff aware of the content of those policies.
In a previous article (12/11/10) we reminded employers about the importance of having a social media policy that clearly identifies what was appropriate behaviour when posting on social networking sites.
A recent survey conducted by a worldwide recruiting firm suggests that 75% of companies do not have a policy which regulates their employees’ use of social networking sites like Facebook and Twitter. It seems many companies are adopting a ‘wait and see’ approach when it comes to developing a social media policy.
However a recent case before Fair Work Australia (FWA) (Mr Damian O’Keefe v Williams Muir’s Pty Limited T/A Troy Williams The Good Guys [2011] FWA 5311) highlights the benefit for companies to have a social media and other relevant policies and making staff aware of the content of those policies.
In that case the employee had an issue with the non-payment of commission and posted what could best be described as an “expletive loaded rant” on his Facebook page, which included a veiled threat toward the female Operations manager. Even though the employee had privacy settings in place, the post was seen by 11 of his work colleagues who were his ‘Facebook Friends’. The comments eventually made their way back to the employer and the employee was ultimately dismissed.
The employee claimed that his posts were made on his home computer and out of work and therefore were not work related. FWA Deputy President Swan rejected this argument stating that the applicant was aware that there were other work colleagues who could see the comments and these comments were always going to get back to the employer.
DP Swan referred to the Employee Handbook which referred, amongst other things, to the requirement of employees to be aware that:
“In communicating with other staff, customers and suppliers employees should be courteous and polite, maintain a high level of honesty and integrity and present themselves and the business professionally. Employees will not use offensive language, resort to personal abuse or threaten or engage in physical contact”.
Lessons Learned
The decision highlights that if an employer has a clear policy which sets out expectations in respect to how employees relate to each other, including comments on Social Media websites, and a staff member then posts something that contravenes the policy, then the employer will be able to discipline the staff member accordingly.
As well as defining a policy it is also important to effectively communicate the policy to staff members. This involves getting staff to acknowledge that they have read the policy and perhaps to receive regular training on what they are allowed to post on these sites.
ERS Comment - ER Strategies' Online HR Resources Service (also included as part of EPAS - our Employer Protection Advisory Service) includes a Code of Conduct and a Social Media policy, along with other IT related policies to assist with managing this and other workplace issues.
