Social media is in the news constantly. The privacy issues facing Facebook and the recent devaluing of that business on the share market are headlines. Many people use social media to find out the news, to hear and share opinions, to connect with other people, to share photos and stories; the list is endless. We face the ever-present seduction of social media. Social media usage is increasing, and it is highly likely your employees are active users, and very possibly whilst at work.

Many businesses use social media as a marketing vehicle as well and so its acceptance is growing constantly. Despite this broad acceptance, business owners and managers will need to understand and manage the risks that come with the use of social media in the workplace.

In this article, we examine the available actions for business owners and managers when the use of social media becomes an issue in or connected to the workplace.

What key implications exist for social media in the workplace?

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. This quite simply means that employers (and with it, the law) are increasingly coming to grips with the impact of social media in workplaces. Business leaders need to ensure all employees are aware of and follow rules and policies. This is best supported with an effective social media policy that is applied consistently.

What are the risks?

Emerging areas of greatest risk to business related to social media use include: recruitment, workplace employee misconduct (for example, cyber bullying and harassment), protection of intellectual property and confidential information, and, increasingly so, employee claims and even outbursts in response to disciplinary action.

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 your 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.

Can the use of social media affect productivity and even workplace safety?

When we engage employees and train them to perform their job, we have expectations that the employees will faithfully contribute to the business. Work flow targets and expectations are set (either formally or informally) and employees need to apply their full attention to their duties. In circumstances where an employee is distracted from their duties such as through social media activity, productivity is likely to be affected. In more serious circumstances, established routines may be ignored potentially resulting in safety breaches or even workplace accidents, possibly leading to injuries.

A key safety aspect relates to mobile device usage and engaging in social media activities when we drive a motor vehicle, operate machinery or even walking down a flight of stairs. Employees cannot and should not compromise their own safety and the safety of others by being distracted when their total attention should be being given to their task at hand especially when driving – and this is to not ignore the unlawful aspects of using hand held mobile devices whilst driving.

Can I use social media to assess prospective employees?

There are risks associated with this practice despite there being nothing legally preventing employers from accessing publicly available information posted by a candidate on social media sites such as Facebook, Twitter or LinkedIn and then using that information in assessing candidates.

For example, businesses need to follow the Australian Privacy Principles regarding collection, use and storage of personal information of candidates including those who turn out to be unsuccessful.

In the same way, recruitment decisions using information posted by or about a candidate on social media, could lead to claims of adverse action or discrimination.

How do I handle unsatisfactory employee conduct over their social media conduct?

You will need to be able to determine if there is a strong connection between the alleged conduct by the employee and their employment. Simply, any disciplinary action you 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 you as a business owner or manager to take disciplinary action when an employee’s conduct on social media humiliates, degrades or harasses another worker or a customer that is likely to be in breach of those policies. Disciplinary action may even include terminating their employment in a case of a serious policy or conduct breach of a business policy. Remember, it’s not just about having a ‘policy’ in place, your employees also have to be aware of the policy and the content of the policy via training, induction and the like.

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

In summary

Social networking and social media have become woven into the fabric of almost everyone’s daily life, both at work and at play. So, while a sufficient connection between an employee's misconduct online and the employment still needs to be established before it becomes a workplace issue, as the line between work and play becomes increasingly blurred, you can't afford to ignore the impact of such social media misconduct on your workplace.

Recent research clearly nominates use of social media as a core capability needed by employees in the future workforce. Simply, for business, it is not something to be ignored; social media is here to stay and businesses that manage and use social media wisely and effectively will benefit from it.

Needing advice and help?

For support and assistance on social media issues or any workplace issue, please contact our team of advisors at AB Phillips, Monday to Friday between 9:00 am and 5:00 pm AEST by phone on 1300 208 828 or email advice@abphillips.com.au

Please note that the above information is provided as comment and should not be relied on as a substitute for detailed professional advice from AB Phillips or professional legal advice on any particular matter. Where you would like additional information and support about the content in this document please contact AB Phillips.