Most businesses use social media as a marketing tool and despite its broad acceptance, business owners and managers need to understand and manage the risks that come with the use of social media in the workplace.

Emerging areas of greatest risk to businesses related to social media use include recruitment, workplace employee misconduct (e.g. cyber bullying and harassment), protection of intellectual property and confidential information, and, increasingly so, employee claims and even outbursts in response to disciplinary action. Consequently, there is an increasing trend of tribunals and courts, such as the Fair Work Commission, becoming more engaged to deal with legal actions and grievances associated with social media usage.  

Business owners and managers often ask how best to handle unsatisfactory employee conduct related to social media. Simply put, the business will need to be able to determine if there is a strong connection between the alleged conduct by the employee and their employment. In other words, any disciplinary action the business may want to take against an employee over their conduct (whether while at work or outside of working hours) must have a link to the workplace or business.

Having well-considered anti-bullying, harassment and social media policies, allows business owners or managers to take disciplinary action when an employee’s conduct on social media humiliates, degrades or harasses a colleague or a customer that is likely to be in breach of those policies.  Disciplinary action may even include termination of employment in the case of a serious policy breach. Remember, it’s not just about having a ‘policy’ in place, employees also have to be aware of the policy and the content of the policy via training, induction etc. 

If employees vent their feelings on social media about their employer or their employment conditions, and the business is considering whether or not to discipline them, consider whether any damage has been done to the business’ brand by the posts and then ensure the response is proportionate.

We recommend that businesses implement a social media policy clearly setting out expected standards and potential consequences for employees whose conduct online breaches the policy and to put steps in place to ensure that all employees are aware of and understand the policy. It is suggested that a ‘Social Media Policy’ overview is also included in the businesses induction program.

AB Phillips is able to assist in developing and tailoring a ‘Social Media Policy’ for your business.