Social media in the workplace

In Naiman Clarke Pty Ltd v Marianna Tuccia [2012] NSWSC 314 it was alleged that an employee who was a recruiter of staff had used her employer’s confidential target candidate list to systematically contact them before departing to work for a competitor. It was alleged that she was then able to use those LinkedIn contacts to place some of those candidates in her new role, obtaining financial benefits for both herself and the new employer. Although the case was more about pre-trial discovery processes, it is another example of the misuse of social media in the workplace. The case is expected if it reaches trial to be a useful guide to the question of the ownership of and right to use contacts elicited from social media, in that case LinkedIn.