Social media in the workplace

The importance of an employer having a social media policy is well illustrated in the cases Little v Credit Corp Group Ltd (2013) FWC 9642 and Linfox Australia Pty Ltd v Fair Work Commission (2013) FCAFC 157. I have discussed the first case in a previous blog in a slightly different context, but it is a case in which I suspect the employee may have succeeded in overturning a dismissal in proceedings for a remedy for unfair dismissal if there had not been in place a proper and considered policy for the use of social media by employees, even though the Commission had concluded that the employee’s misuse of social media to damage his employer constituted serious misconduct.
In Linfox Australia Pty Ltd v Fair Work Commission (2013) FCAFC 157the Commission determined that a dismissal for misuse of social media by an employee was unfair and a major determinant of the case was the absence of a dedicated social media policy also covering conduct in employees’ own time.