Different companies will have different policies on the use of social networking sites. The fact of the matter is, employees ARE being unfairly dismissed for posting certain comments or pictures on social networking sites such as Facebook, LinkedIn and Instagram.
A recent article in The Age newspapers included the expert opinion of Steven Penning, a partner with the Turner Freedman law firm, who stated that current employment contracts and company policies are unlikely to cover employee use of social networking sites. Penning went on say that because employees were not aware of what they’re not allowed to do, they may be able to say that they shouldn’t be terminated because they were not aware of the workplace conditions.
While employees may argue that what they do outside of work hours is their business, what employees must consider is whether that they have damaged the relationship between themselves and the employer by making public comments on a social networking site such as Facebook. Have you damaged the name or reputation of the company you work for? A duty of trust and courtesy exists between the employer and employee; are you breaching this duty by your use of Facebook?
Another recent issue involving Facebook in the workplace is whether employers should allow their employees to access the social networking site while at work. Employers must decide whether allowing their employees to access Facebook at work leaves the employer open to issues of online harassment and discrimination. For example, if one employee sexually harasses another employee on Facebook in the workplace, is the employer vicariously liable for the sexual harassment of the victim? A number of issues surround Facebook and employees should be aware of their company’s policy on the matter.
