More employers are realising the damage that can be caused to their reputation and business generally by adverse social media posts. Employees are expressing opinions, frustrations, gossip and abuse via social media affecting their employers and their colleagues. What was once perhaps confined to a few mates in a bar after work, can now be literally broadcast endlessly. The wider reach afforded to individuals because of IT developments in recent years has significantly extended the reach of what used to be no more than a blowhard’s venting. 

But questions immediately arise about freedom of speech and privacy – especially the argument “what I do in my own time is not my boss’ business”. Trouble is, that just isn’t so. 

Twitter, Facebook, Snapchat, Instagram et al might be new, but the ability of an employer to have influence on an employee’s private life is not.For a long time now, courts and tribunals have found that employees must not bring their employer into disrepute by words or actions. There are many cases where an employee has been sacked for private behaviour which an employer found repugnant and a poor reflection on the reputation of that business or organisation.  

And again, the social media space is different; we all say things impulsively, without thinking. But writing it down is a different matter altogether. 
So how to handle it? A good guide has come to light within the Australian Public Service. The APS has an established Code of Conduct and, as an adjunct to that, has published a short guideline explaining how ‘misuse’ of social media can intrude into the employment relationship. 

At the core of the guide is a principle that can easily translate to the private sector; that an employee who openly criticises his or her employer undermines the public’s confidence in both that employee’s professionalism, and their ability to act in the best interests of the employer and deliver the goods and services that the organisation exists to provide.  

Some of these social media posts are not generic invective directed at ‘the boss’, but specific criticism aimed at named colleagues. Or customers and suppliers. This is where the whole business gets seriously ugly. The right to free speech is not a right to slight or insult anyone. 

Employers need to consider the merit of not just establishing a social media policy but publicising the consequences to employees of using it to rant about work or work-mates. There is no excuse now for failure to have in place relevant policies and cautionary notices for staff. These systems of communication are established and ubiquitous. Some people genuinely do not understand the potential collateral damage they can cause through misuse of social media, and it’s too late after the offending item has been posted.   

Making Public Comment on Social Media - A Guide for APS Employees 

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