The State Services Authority issued guidelines on the use of social media in private and at work last year and 

Departments are now using these guidelines to formulate Employer policy on how employees of government may use social media such as Twitter or Facebook.  Beware.

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You should NOT identify yourself as a Government employee.

 

You should have private settings, not public access.

Even in these circumstances, you must refrain from making comments that may be deemed as a breach of the Code of Conduct, SSA Guidelines and Social Media Policy.

A considerable amount of case law exists now surrrounding the dismissal of employees in these circumstances.

http://www.fwa.gov.au/decisionssigned/html/2010fwa7358.htm

[50] Postings on Facebook and the general use of social networking sites by individuals to display their displeasure with their employer or a co-worker are becoming more common. What might previously have been a grumble about their employer over a coffee or drinks with friends has turned into a posting on a website that, in some cases, may be seen by an unlimited number of people. Posting comments about an employer on a website (Facebook) that can be seen by an uncontrollable number of people is no longer a private matter but a public comment.

[51] It is well accepted that behaviour outside working hours may have an impact on employment ‘to the extent that it can be said to breach an express term of [an employee’s] contract of employment’. 41

[52] A Facebook posting, while initially undertaken outside working hours, does not stop once work recommences. It remains on Facebook until removed, for anyone with permission to access the site to see. A Facebook posting comes within the scope of a Rose v Telstra consideration but may go further. It would be foolish of employees to think they may say as they wish on their Facebook page with total immunity from any consequences.

[53] How far I should take the Facebook posting beyond ‘out of working hours conduct’ was not subject to any detailed submissions in this matter.

[54] I do not know how many people ultimately accessed Ms Fitzgerald’s Facebook page or what they thought of what they read. I do know that Ms Fitzgerald did not name the salon where she worked and there is no suggestion that this information was readily available on her page. Whilst clearly the comments were directed at the hairdressing industry I do not consider that the comments were such that they would adversely affect the industry as a whole or Ms Smith’s salon specifically.

[55] Ms Fitzgerald gave evidence that about five to 10 of her clients are also Facebook ‘friends’ such that they would definitely have had access to the site, could have read the comments (though there is no evidence that they did) and would know the salon to which it referred. Ms Fitzgerald says these were close personal friends of hers as well as clients and had she left Ms Smith’s salon she expects they would have followed her to her new employment.

[56] Whilst the comments were silly in the context of them being made on a public forum I do not consider they were such to damage Ms Smith’s business.

[57] That said, they may well have affected Ms Smith’s trust and confidence in Ms Fitzgerald.

** Win Back Your Union Fees **

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KAREN BATT
CPSU Victorian Branch Secretary

9 March 2011