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Increasingly, social interaction online is becoming the way individuals connect with each other. The distinction between personal and work life is narrowing.

This is causing employers to ask:

Can I be liable for my employee’s personal social media posts?

To what extent can I limit my employee’s personal social media posts?

I’m Kate Simpson from Aitken Legal, an Accredited Specialist in Workplace Relations. This area of law can be complex. It requires employers to balance their right to protect their reputation and minimise risk of liability, against the right of the employee to have a private life.

Employers have an obligation to ensure that employees are not bullied, harassed, sexually harassed or unlawfully discriminated against in the course of their employment. This can extend to social media posts made by employees, even where the posts are made outside work hours and on the employee’s personal device.

The Fair Work Commission has held that employees can be disciplined for their personal social media posts, if there is a sufficient connection with the workplace. In the event of questionable posts we can assist with that assessment of connection.

In most cases, employers can minimise risk by implementing a clear and comprehensive social media policy, stipulating what conduct is acceptable online.

When drafting and implementing a social media policy, employers should be aware that the Fair Work Commission is unlikely to accommodate requirements that intrude too far into the personal lives of employees or attempts to exercise supervision over the private activities of employees. The policy should go no further than is necessary to protect the business’s interests.

We can assist with situations of concern and also importantly to draft or review your social media policy. Contact Aitken Legal and speak with an experienced employment lawyer.

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