MANAGING THE WORK PLACE MINE FIELD
REDCHIP LAWYERS PTY LTD
Surfing the internet for NON WORK purposes during office
hours increases productivity.
WILB – Work place internet leisure browsing allows you to
rest your mind by taking a short break = higher TOTAL NET
CONCENTRATION = productivity
Blurs the Boundaries – Work Life v Personal Life
SO WHAT’S THE ATTRACTION?
(Australia Psychological Society)
18 – 30 97% use SNS
31 – 50 81% use SNS
Stay in Contact – Keep in Touch
54% more confident on line than in person
Treated better online than in person
HOW DOES IT WORK?
It’s how people connect, make friends, join
groups and locate associates online.
Social Networking Sites:
Facebook (over 500 million users)
Twitter (over 175 million users)
Linkedin (over 100 million users)
SO WHAT LEGAL RISKS ARE WE TALKING ABOUT....
Employee Risk Third Party Risk
1. Misleading Deceptive Conduct
3. Confidential Information
5. Damage to Reputation
6. Cyber Bullying
7. Copyright Infringement
9. Unlawful Dismissal Claims
ACCC v Allergy Pathway Ptd
Ltd - Businesses are responsible for
material posted by 3rd parties
posted on their Facebook
You are responsible where you
have CONTENT CONTROL.
Dow Jones v Gutnick – publication of online material
occurs at the point of download of information by
Who can be sued – employers, employees and web
Fake Facebook Page - Applause Stores & Firsht -v-
Grant Raphael (UK)
Horizon Group -v- Bonney (Twitter Comments)
Anonymous defamatory comments – Moir &
Datamotion -v- Gladman (Forum Blogger)
Privacy Act 1988
Collection of a persons’ personal
information by an employer from SNS
Individuals exempt but organisations may
have to comply with the National Privacy
No tort of breach of privacy in Australia
LOSS OR MISUSE OF CONFIDENTIAL INFORMATION
Customer lists can constitute confidential
information – NP Generations -v- Feneley
Hays Specialist Recruitment -v- Ions (UK) –
TEK Systems Case – communication with former
clients via Linkedin
Leaking sensitive information – US State
department officials tweeting about trip to Syria
2009 Deloitte Survey – 74% of employees said it’s
easy to damage a company’s reputation on social
Domino’s video scandal (US) – youtube video of
unhygienic food preparation – 1,000,000 viewers.
Singapore National Newspaper Twitter accident –
‘omg.F*** you all. Seriously’ to more than 46,000
You can’t be terminated for out of work conduct
Fair Work Act 2009 – Adverse action claim
Be careful who you say no to – accepting & rejecting
Employment – unfair dismissal
Escape Hair Design -v- Sally-Anne Fitzgerald
Workplace Health and Safety Act 1995 (Qld)
Australian Manufacturing Worker’s Union survey
University of Melbourne Study
Workplace Internet Leisure Browsing (WILB)
Awesome Brand building – Viral marketing
The ‘Tipping Point’ – creating the epidemic –
very low cost and highly leveraged
MANAGING THE RISKS
Social media policies
Commonwealth Bank – forced to amend their policy -
Blocking -v- NOT Blocking
73% of Australian workers access social networking sites
48% did not officially allow access
Employees choose employers that allows access to social
250 million users accessing Facebook through mobile
MANAGING THE RISKS
Monitoring online reputation
Google Alerts, Tweetbeep
Monitoring employee’s use
Let’s look at how Coke handle it -
10 Principles to guide you in your online representation of your
Be Certified in the Social Media Certification Program.
Follow our Code of Business Conduct and all other Company policies.
Be mindful that you are representing the Company.
Fully disclose your affiliation with the Company.
When in doubt, do not post.
Give credit where credit is due and don’t violate others’ rights.
Be responsible to your work.
Remember that your local posts can have global significance.
Know that the Internet is permanent.
Education is the Key – make sure employees
understand the risks
Provide clear guidelines on safe practices on social
Consequences of violation of guidelines
Conduct regular training for employees
Social media clauses in employment contracts