This document discusses social media use in the workplace and provides guidance on developing an effective social media policy. It notes that while social media can promote businesses and engage customers, it also poses reputational and financial risks if misused. The document outlines examples of workplace issues that have arisen from social media use, such as bullying and privacy breaches. It emphasizes training employees on appropriate social media use and behavior, developing a clear policy, and disciplining violations proportionately while ensuring procedural fairness. Overall, the document advises employers to embrace social media's benefits while carefully managing its risks through a well-designed strategy and policy.
Social media & data protection policy v1.0 141112 Dave Shannon
Presentation presented to employees in a previous role. Unfortunately corporate identity has had to be removed, however content is still relevant to policies and legislation
Presentation for the Osgoode Hall Law School "HR Law for HR Professionals" course, centered on the topic of the pitfalls and opportunities of social media use in the workplace.
Employee use of social media - chapter 2. Disciplinary Action and Social MediaNiki Avraam
Understand the legal aspects behind employee use of social media.
In this chapter, we use real-life examples to help you establish when disciplinary action is fair following employee use of social media. We also include a handy checklist you can follow to ensure your policies are clear for your employees.
Employee Advocacy - The Next Step in Digital Transformation Sociabble
It's not easy to stay relevant in today's social media landscape. Discover how companies like Microsoft and Sage have been able to boost their social media strategy and overall digital strategy using an effective employee advocacy program.
12 Troublesome Coworker Behaviors and 8 Tips for Overcoming Irksome Work HabitsSydney Thompson
We all have one. The fellow employee that rubs you the wrong way. It isn't always easy, but we all get through it. However, it rarely occurs to many of us that our own quirks might be a nuisance? No worries, we have compiled a list of the most common troublesome coworker stereotypes, as well as eight tactics to avoid becoming one of them.
Break Through the Noise: B2B Social Media Marketing - #SMBMSP94 EventRyan Peña
With a limited budget and so many new ways to leverage social media, how do you break through the clutter and get your message in front of the people that matter, the people that convert? In this session, we’ll explore a hyper-targeted B2B content strategy that stems from months of social listening, weekly reporting, and loads of testing.
In this session you will learn:
Techniques to find your target audience
How to drive results with a scrappy budget
How to effectively launch an employee advocacy program to drive additional site traffic and awareness
When to ask for a budget increase based off clear data
Social media & data protection policy v1.0 141112 Dave Shannon
Presentation presented to employees in a previous role. Unfortunately corporate identity has had to be removed, however content is still relevant to policies and legislation
Presentation for the Osgoode Hall Law School "HR Law for HR Professionals" course, centered on the topic of the pitfalls and opportunities of social media use in the workplace.
Employee use of social media - chapter 2. Disciplinary Action and Social MediaNiki Avraam
Understand the legal aspects behind employee use of social media.
In this chapter, we use real-life examples to help you establish when disciplinary action is fair following employee use of social media. We also include a handy checklist you can follow to ensure your policies are clear for your employees.
Employee Advocacy - The Next Step in Digital Transformation Sociabble
It's not easy to stay relevant in today's social media landscape. Discover how companies like Microsoft and Sage have been able to boost their social media strategy and overall digital strategy using an effective employee advocacy program.
12 Troublesome Coworker Behaviors and 8 Tips for Overcoming Irksome Work HabitsSydney Thompson
We all have one. The fellow employee that rubs you the wrong way. It isn't always easy, but we all get through it. However, it rarely occurs to many of us that our own quirks might be a nuisance? No worries, we have compiled a list of the most common troublesome coworker stereotypes, as well as eight tactics to avoid becoming one of them.
Break Through the Noise: B2B Social Media Marketing - #SMBMSP94 EventRyan Peña
With a limited budget and so many new ways to leverage social media, how do you break through the clutter and get your message in front of the people that matter, the people that convert? In this session, we’ll explore a hyper-targeted B2B content strategy that stems from months of social listening, weekly reporting, and loads of testing.
In this session you will learn:
Techniques to find your target audience
How to drive results with a scrappy budget
How to effectively launch an employee advocacy program to drive additional site traffic and awareness
When to ask for a budget increase based off clear data
Cosa è la social media advocacy per i dipendenti e perché ti potrebbe interessare; definire un processo di employee advocacy, gestire il roll-out di un progetto.
Leveraging social media in employee engagementParker LePla
Social media tools have added more visibility to your brand, providing a channel for anyone’s unique thoughts, opinions and experiences to be distributed to the world almost instantaneously. Given this new reality, what do you do? Do you become the online police of your brand? Instead, let's consider a different approach.
How SAS Makes Social Media Practical for EmployeesDynamic Signal
Founded in 1976, software company SAS is made up of a wide array of global employees of all ages. In a recent survey nearly half of them responded in overwhelming fashion, asking for more training on social media. Their hope: to better utilize social networks for business purposes, using an authentic voice.
In response, SAS launched “The 140,” its unique take on employee advocacy. The training-heavy, platform-light program coaches a cross-section of employees (not just from Sales and Marketing) on everything from personal brand building to how to deal with internet trolls. Topics are sourced from participants and actively adjust the focus off SAS, to the SAS employee.
Alli Soule, Social Media Employee Engagement & Education Specialist, and Brandy Mann, Social Media Web & Blog Specialist, from SAS discuss:
• How to establish goals for your program and ensure company leadership is supportive
• How to onboard and train employees to ensure grassroots adoption of the program
• How to align employee advocacy with existing resources and initiatives
• How to evaluate success and determine ROI
SAS, a leader in business analytics software and services, helps organizations across all industries realize the full potential of their greatest asset: data. Used at more than 50,000 sites in over 100 countries, SAS allows you to transform data about customers, performance, and financials into solid and coherent decisions.
How To Power A Team Of Storytellers, with Michael BritoDynamic Signal
LEWIS Global Communications is a global marketing and communications agency that specializes in helping businesses overcome the four top challenges brands face today: awareness, demand, adoption and advocacy. With over 600 employees across 27 global offices, they pride themselves on having a highly connected team of brand storytellers who can speak to the strategic goals of the company, showcase its values and live its mission.
The brand took storytelling to the next level when they launched Employee Activate, to assist clients with developing employee advocacy programs that motivate employees to share the brand’s story. Employee Activate also gave LEWIS a way to strengthen their own team’s storytelling abilities and highlight their own, internal voices.
"From a content perspective it's critical to train your employees to be storytellers and build a content plan for them that is more human, yet aligned to the larger brand narrative," says Michael Brito, Head of US Digital Marketing at LEWIS.
• How to establish employee advocacy policies and workflows
• How to manage employee-driven content
• How to integrate stories across paid, earned and owned media
• How to define key performance indicators and measure success
Michael Brito is the Head of US Digital Marketing for LEWIS Global Communications. He is a published author, TEDx speaker, and an Adjunct Professor at San Jose State University. His latest book, “Participation Marketing: Unleashing Employees to Participate and be Brand Storytellers” is set to release in 2017.
How IBM Drives ROI Through Employee AdvocacyDynamic Signal
Susan Emerick, CEO of Brands Rising and co-author of “The Most Powerful Brand on Earth”, will be joined by two IBM thought leaders, Amber Armstrong, Program Director, Social Business and Colleen Burns, Influencer Engagement Manager, to discuss how IBM’s employee advocacy program is driving productivity, earned content engagement and web traffic to IBM.com resulting in measurable ROI.
How should employees be part of my marketing mix? Can I extend the reach of my brand’s messages through employees in social media? Can I drive increased engagement of employees at work? Does the shift of social media from organic messaging to paid advertising concern you? Will there be a time when my employees will carry my messages further than our brand's social pages? If so, this research report is for you.
7 Ingredients for Employee Social Media AdvocacyJay Baer
Your employees are your best social media advocates. Or at least they should be. In this useful presentation, Jay Baer of Convince and Convert provides the 7 key ingredients needed to develop, launch and sustain a thriving social media advocacy program in your company.
For more on social media advocacy, visit http://www.convinceandconvert.com or http://www.addvocate.com
As a leader, you spend a lot of your time making sure that your team is working well together. Here are the secrets that every manager should know to make your team successful.
Subscribe to our free 11-day email course on HOW TO BE A BETTER LEADER:
http://officevi.be/29Sx4bK
Read more on employee engagement on Officevibe blog:
https://www.officevibe.com/blog
5 Social Media Questions All Employers Should Consider Fredrikson & Byron
Leveraging social media is critical to the success of any business today.
Customers use social media as a source for reviews and “word of mouth” referrals.
Without a social media strategy, businesses will miss a key opportunity.
With opportunity, however, comes risk, as organizations need to:
• Protect private information
• Manage liability relating to employee use (and misuse) of social media
• Preserve their online image and brand
In this guide, you will find five key questions relating to social media that all employers should consider.
Blake Lapthorn's In-House Lawyer and Decision Makers' forumBlake Morgan
Blake Lapthorn's Litigation Dispute Resolution and Employment teams joined up to present a forum on social media and confidentiality on 17 September 2013, at Blake Lapthorn's Oxford office.
22% of employees visit social networking sites 5 or more times per week, yet only 54% of employers have a policy dealing with social media inside and outside the workplace. During this presentation, participants will learn about potential legal issues involved in adopting a policy and how to avoid those issues. Sample provisions will be discussed and recommended actions addressed.
Presented by Jackson Lewis.
William Fry Social Media In The Workplace A Report On Irish Businesses May 2013Krishna De
Social media in the workplace - a report based on research in Ireland conducted in early 2013 by the employment law division of WilliamFry.ie. Access the press release for the report here http://bgn.bz/wfsmr
I have uploaded the report here in the event that the link changes on the William Fry website as it is a helpful report for all HR professionals and senior leaders in Ireland.
Most Employees Consider Their Private And Work Lives To Be Totally Separate, But Social Media and Social Networking Has Silently And Effectively Bridged That Gap And Blurred That Distinction.
No matter how “separate” a person’s social accounts may seem to be, there will ultimately be someone, somewhere that will link-up that person to your organisation or firm.
Social Media Policy Template http://wp.me/p4RKCt-5P
Cosa è la social media advocacy per i dipendenti e perché ti potrebbe interessare; definire un processo di employee advocacy, gestire il roll-out di un progetto.
Leveraging social media in employee engagementParker LePla
Social media tools have added more visibility to your brand, providing a channel for anyone’s unique thoughts, opinions and experiences to be distributed to the world almost instantaneously. Given this new reality, what do you do? Do you become the online police of your brand? Instead, let's consider a different approach.
How SAS Makes Social Media Practical for EmployeesDynamic Signal
Founded in 1976, software company SAS is made up of a wide array of global employees of all ages. In a recent survey nearly half of them responded in overwhelming fashion, asking for more training on social media. Their hope: to better utilize social networks for business purposes, using an authentic voice.
In response, SAS launched “The 140,” its unique take on employee advocacy. The training-heavy, platform-light program coaches a cross-section of employees (not just from Sales and Marketing) on everything from personal brand building to how to deal with internet trolls. Topics are sourced from participants and actively adjust the focus off SAS, to the SAS employee.
Alli Soule, Social Media Employee Engagement & Education Specialist, and Brandy Mann, Social Media Web & Blog Specialist, from SAS discuss:
• How to establish goals for your program and ensure company leadership is supportive
• How to onboard and train employees to ensure grassroots adoption of the program
• How to align employee advocacy with existing resources and initiatives
• How to evaluate success and determine ROI
SAS, a leader in business analytics software and services, helps organizations across all industries realize the full potential of their greatest asset: data. Used at more than 50,000 sites in over 100 countries, SAS allows you to transform data about customers, performance, and financials into solid and coherent decisions.
How To Power A Team Of Storytellers, with Michael BritoDynamic Signal
LEWIS Global Communications is a global marketing and communications agency that specializes in helping businesses overcome the four top challenges brands face today: awareness, demand, adoption and advocacy. With over 600 employees across 27 global offices, they pride themselves on having a highly connected team of brand storytellers who can speak to the strategic goals of the company, showcase its values and live its mission.
The brand took storytelling to the next level when they launched Employee Activate, to assist clients with developing employee advocacy programs that motivate employees to share the brand’s story. Employee Activate also gave LEWIS a way to strengthen their own team’s storytelling abilities and highlight their own, internal voices.
"From a content perspective it's critical to train your employees to be storytellers and build a content plan for them that is more human, yet aligned to the larger brand narrative," says Michael Brito, Head of US Digital Marketing at LEWIS.
• How to establish employee advocacy policies and workflows
• How to manage employee-driven content
• How to integrate stories across paid, earned and owned media
• How to define key performance indicators and measure success
Michael Brito is the Head of US Digital Marketing for LEWIS Global Communications. He is a published author, TEDx speaker, and an Adjunct Professor at San Jose State University. His latest book, “Participation Marketing: Unleashing Employees to Participate and be Brand Storytellers” is set to release in 2017.
How IBM Drives ROI Through Employee AdvocacyDynamic Signal
Susan Emerick, CEO of Brands Rising and co-author of “The Most Powerful Brand on Earth”, will be joined by two IBM thought leaders, Amber Armstrong, Program Director, Social Business and Colleen Burns, Influencer Engagement Manager, to discuss how IBM’s employee advocacy program is driving productivity, earned content engagement and web traffic to IBM.com resulting in measurable ROI.
How should employees be part of my marketing mix? Can I extend the reach of my brand’s messages through employees in social media? Can I drive increased engagement of employees at work? Does the shift of social media from organic messaging to paid advertising concern you? Will there be a time when my employees will carry my messages further than our brand's social pages? If so, this research report is for you.
7 Ingredients for Employee Social Media AdvocacyJay Baer
Your employees are your best social media advocates. Or at least they should be. In this useful presentation, Jay Baer of Convince and Convert provides the 7 key ingredients needed to develop, launch and sustain a thriving social media advocacy program in your company.
For more on social media advocacy, visit http://www.convinceandconvert.com or http://www.addvocate.com
As a leader, you spend a lot of your time making sure that your team is working well together. Here are the secrets that every manager should know to make your team successful.
Subscribe to our free 11-day email course on HOW TO BE A BETTER LEADER:
http://officevi.be/29Sx4bK
Read more on employee engagement on Officevibe blog:
https://www.officevibe.com/blog
5 Social Media Questions All Employers Should Consider Fredrikson & Byron
Leveraging social media is critical to the success of any business today.
Customers use social media as a source for reviews and “word of mouth” referrals.
Without a social media strategy, businesses will miss a key opportunity.
With opportunity, however, comes risk, as organizations need to:
• Protect private information
• Manage liability relating to employee use (and misuse) of social media
• Preserve their online image and brand
In this guide, you will find five key questions relating to social media that all employers should consider.
Blake Lapthorn's In-House Lawyer and Decision Makers' forumBlake Morgan
Blake Lapthorn's Litigation Dispute Resolution and Employment teams joined up to present a forum on social media and confidentiality on 17 September 2013, at Blake Lapthorn's Oxford office.
22% of employees visit social networking sites 5 or more times per week, yet only 54% of employers have a policy dealing with social media inside and outside the workplace. During this presentation, participants will learn about potential legal issues involved in adopting a policy and how to avoid those issues. Sample provisions will be discussed and recommended actions addressed.
Presented by Jackson Lewis.
William Fry Social Media In The Workplace A Report On Irish Businesses May 2013Krishna De
Social media in the workplace - a report based on research in Ireland conducted in early 2013 by the employment law division of WilliamFry.ie. Access the press release for the report here http://bgn.bz/wfsmr
I have uploaded the report here in the event that the link changes on the William Fry website as it is a helpful report for all HR professionals and senior leaders in Ireland.
Most Employees Consider Their Private And Work Lives To Be Totally Separate, But Social Media and Social Networking Has Silently And Effectively Bridged That Gap And Blurred That Distinction.
No matter how “separate” a person’s social accounts may seem to be, there will ultimately be someone, somewhere that will link-up that person to your organisation or firm.
Social Media Policy Template http://wp.me/p4RKCt-5P
Freedom of expression in the modern workplace - James Tait and Rachel Billen ...Browne Jacobson LLP
James Tait and Rachel Billen take a look at the law relating to freedom of expression at work, and the limits of that freedom, before giving tips on making sure that your policies give you the protection you need.
Social Media Policy Essentials for Lenders and BrokersSmarsh
Learn how to adopt and enforce social media policies that make sense for the mortgage industry, including:
-What elements should be included
-Best practices for developing a social media policy
-How to enforce a policy once it's made
Russell Kennedy Health Seminar by Matthew Carroll - 6 September 2016Russell_Kennedy
Mental Health in Victoria: A presentation from Matthew Carroll, President, Mental Health Tribunal.
The Mental Health Tribunal considers compulsory mental health treatment and treatment by electroconvulsive therapy (ECT). The Mental Health Act 2014 has operated for over 18 months.
Mr. Carroll provided an overview of the work of the Tribunal, key features of the Act and emerging trends in its operation.
Russell Kennedy Not-for-profit Seminar: Strategic challenges facing primary ...Russell_Kennedy
Associate Professor Christopher Carter from Melbourne Primary Care Network covers the following:
- Priorities for Primary Health Networks (PHN)
- Broader changes to the PHN
- Affecting change in primary health through PHN’s
RKWN event: Women and the Power of Negotiation by Nicole Davidson, CMA Learni...Russell_Kennedy
In Australia, the Workplace Gender Equality Agency calculates that women (on average) earn 83% of what their male counterparts earn. Studies also show that women are less willing to negotiate which ultimately impacts on earning capacity over time.
Clinical Governance Presentation by Michael Gorton AM - 21 July 2016Russell_Kennedy
Clinical governance in the health sector. This presentation covers the issues of liability, accountability, risk management and compliance that all health organisations must address.
Russell Kennedy and Pitcher Partners NFP Seminar - 12 July 2016Russell_Kennedy
Governance requires ongoing development and focus to ensure the company, and those that run it, comply with their obligations. This presentation focuses on corporate governance, risk management, financial performance and accountability and provides some insights into best practice for organisations, including non-financial statutory reporting and internal audit functions.
Barrington Centre - Psychological Risks and Human Management in a Crisis - 24...Russell_Kennedy
Barrington Centre Managing Director Rhonda Andrews, a qualified and registered Psychologist, explains the psychological aspects of a crisis and how to manage them.
Grounded Communications - Communicating in a Crisis - 24 May 2016Russell_Kennedy
Grounded Communications Director Ingrid Svendsen explains how to handle internal and external communications during a crisis. This includes how to manage critical incidents such as deaths or major injury; sensitive divestment or other change management processes; Coronial Inquests and other legal Proceedings, and serious staff or executive misconduct.
Restructures, redundancies and transfer of business: Getting it RightRussell_Kennedy
Russell Kennedy lawyers Anthony Massaro and Abbey Sutton presented a Workplace Relations seminar about Restructures, redundancies and transfer of business on Wednesday 30 March 2016.
A review of the current and future trends in cyber-security, how the law may treat a breach of cyber-security and what you can do to minimise your exposure.
Australian women typically outlive Australian men by 4.1 years.
For several years now, more Australian women than men have owned their own homes. The gap is particularly marked among Generation Y.
Increasingly you will find yourself having to deal with wills and estate planning matters, so it's important that you're well informed.
A year on since the Living Longer Living Better reforms in residential care
This seminar will look at common issues for providers including:
- Additional services
- Third party RADs
- Controversy regarding guarantees and caveats
- 28 day rule
The health sector is experiencing significant challenges, driven in part by funding pressures and the government drive for efficiencies. This is adversely affecting hospitals, community health, GP training, disability providers, Medicare Locals and many other associated organisations. As a result, many organisations are looking to merge, restructure their operations or wind up.
Seminar: Social media in the workplace - 30 November 2016
1. [Insert image here to match
your presentation – contact
Bridget in BD to obtain
images]
Social media and the workplace
Anthony Massaro Caitlin Walsh
Principal Associate
30 November 2016
##Insert FileSite Doc ID
2. > Social media cannot not be ignored
> It can be a tremendous way to promote
your business and engage with the
market
> It can be a tremendous source of
reputational and financial risk
Social media
2
3. Starr v Department of Human Services
> Starr identified himself as a Centrelink officer in
online discussion boards
> Made a number of posts criticising Centrelink
and the Government, including:
> “ESL means something totally different for me
here at work – it’s an appointment for the
spastics and junkies. Always a joy.”
How bad can it really be?
3
4. > Workplace issues
> Bullying, sexual harassment
> Poaching of clients
> Poaching or compromising of staff
> Disclosure of confidential information
> Breach of privacy
> Defamation
What else can go wrong?
4
5. > Too many benefits
> Staff engagement
> Customer engagement
> Can prevent use of social media at work
(but do you want to?)
> Can’t prevent use of social media at home
> Need to embrace the benefits, and
manage the risks
You can’t ignore it
5
7. Prohibiting bad behaviour is only one element
> What behaviours do you want to encourage?
> Develop a strategy
> Policy:
> to reflect your strategy
> to minimise risks
> Training
> to support your policy and strategy
How can you manage the
risks?
7
8. > Proactive elements
> How you want staff to engage with social media
> What you want to achieve
> Risk management elements
> Identify inappropriate behaviour
> Identify consequences
> Monitoring of work IT use
> Downloading of programs and images
An effective social media policy
8
9. Linfox Australia Pty Ltd v Stutsel
> Employee posted inappropriate comments on
Facebook
> No social media policy in place
> Employee claimed ignorance
> Dismissal found to be unfair
Dismissal without a policy
9
10. Pearson v Linfox Australia Pty Ltd
> Employee refused to sign social media policy
> “…they cannot tell me what to do or say outside of
work, that is basic human rights on freedom of
speech…”
> Written warning, relied upon as part of the reason
to dismiss
> Dismissal upheld
…and with a policy
10
11. > Training regarding policy
> Training in using the social media
which you encourage
> Eg: LinkedIn – basic skills
> Emphasise
> Courtesy
> Accountability
> Permanence
Training
11
13. Disciplinary processes
13
> You can use social media to investigate – but
be conscious of privacy
> You can act on after hours conduct – but make
sure there is a sufficient connection
> You can discipline employees for conduct in
breach of a social media policy – but don’t
overreact
> Remember procedural fairness obligations
14. Jurecek v Director, Transport Safety Victoria
> Employer reviewed employee’s Facebook page as
part of misconduct investigation
> Employee accused employer of breach of privacy
> No breach
> Employer can review social media for
investigation
> Ensure collection lawful, reasonable (no
hacking!) and for legitimate purpose
Investigations and privacy
14
15. > Needs to be a relevant connection
between conduct and employment
relationship
> Does the conduct damage:
> the employment relationship?
> relationships within the workplace?
> the employer’s interests?
> Is the conduct incompatible with
duties?
Conduct outside working hours
15
16. Starr v Department of Human Services
> Comments were all made outside work hours
> But with a strong connection to employment
> Valid reason to dismiss based on seriousness
and public nature of comments
> BUT dismissal harsh
> Employee reinstated with no compensation
> Even where sufficient connection, ensure
termination proportionate
Conduct outside working hours
16
17. Singh v Aerocare Flight Support Pty Ltd
> Baggage/freight handler at airport
> Facebook posts appearing to support ISIS
> No valid reason for dismissal
> Dismissal harsh, unjust, unreasonable
> Employee awarded $4,800
> Don’t take posts on face value –
investigate properly
Knee-jerk reactions
17
18. Remmert v Broken Hill Operations
> Bullying comments on Facebook about
another employee outside work hours
> Valid reason for dismissal
> BUT dismissal harsh and unreasonable
> Employee awarded $28,471 compensation
> Ensure employee has opportunity to
respond – procedural fairness
> Be careful what you put in writing
Don’t forget procedural fairness
18
22. > Check your policy
> Train your staff
> Encourage staff to use social media
responsibly
> Make sure that they understand that bad
behaviour on social media can get you fired
Key messages
22
23. Contact details
23
Anthony Massaro Caitlin Walsh
Principal Associate
Phone 9609 1501 Phone 8640 2326
Email amassaro@rk.com.au Email cwalsh@rk.com.au
24. Level 12, 469 La Trobe Street, Melbourne, VIC 3000 P: +61 3 9609 1555
Level 8, 28 University Avenue, Canberra, ACT 2601 P: +61 2 6171 9900
Liability limited by a scheme approved under Professional Standards Legislation
Editor's Notes
And that means that you need to have steps in place to govern that risk
So let’s talk a bit more about those risks
Biggest risk is reputational damage
Decision from March 2016
Frequently participated in conversations on online discussions (through Whirlpool and Sportal)
Criticised staffing cuts
Described Centrelink’s processing time as “utterly disgraceful”
Criticised 2014 Federal budget
Said he was embarrassed to work there.
Capped it off by referring to Centerlink clients as spastics and junkies
An appalling look for Centrelink
There are no limits to human creativity!
Conduct occurring on social media can have a direct effect on the workplace
Employer can be liable for the workplace consequences
Damages in sexual harassment, bullying workcover claims increasing
SM can also be the basis of bullying claims through the FWC. Eg Bowker
Facebook comments made after hours, away from the workplace
Viewed at work by an employee
Found to be “bullying in the workplace”
Rep damage – as I’ve just discussed, people make thoughtless comments which can come to represent your organisation.
Poaching of clients – SM makes it easier for employees to form strong personal connections with clients.
That is a fantastic thing, right up until they leave.
An innocent LinkedIn update can act as an advertisement to all of your clients – eg Planet Fitness case
Poaching of staff – Recruiters cruise LinkedIn.
Jason and Fiona recruiting Carla through skype
Compromising staff – request to disclose trade secrets
We can’t just wait for it to go away
If use of social media is not the norm for your current workforce, bear in mind that a much higher proportion of people entering the workforce now are social media users
They will want to use it at work for work
They will want to use it at work for other stuff
They will use it at home, no matter what
If they can’t use social media at work, it will be an issue for staff engagement.
Also, as clients and customers increasingly become more involved in/dependent on SM…
I would only suggest preventing use of social media at work if it is necessary to avoid some specific risk
eg, no use while driving. Tram driver case from a few years back
eg, health and aged care – there may be times during the working day when it would create a risk to residents or care recipients – no use on shift except during breaks.
Need to determine your strategy on how you want to benefit from social media
How you want your staff to use social media?
Which social media do you want them to use?
What are you trying to achieve
How will you measure that achievement?
You can’t do your policy until you have your strategy.
Policy and strategy need to be backed up by training.
Needs to contain your dos and don’ts
* Be courteous
* Promote the employer’s interests
Don’t abuse people or use foul language
Policy can set out inappropriate behaviour in detail, or refer back to other workplace policies and explain that conduct on social media can be the basis for disciplinary action
Eg - Don’t use racist or homophobic slurs
Alternative – don’t engage in any conduct which would breach our equal opportunity policy
Make it clear that misconduct on social media can lead to dismissal.
Should also be a policy covering IT use etc.
By putting these steps in place, you reduce the risk rep damage, bullying, harassment
Example of what happens if there is no policy in place – 2012 case.
Employee posted some pretty bad things on Facebook, including calling his muslim manager a “bacon hater”, being part of a conversation with other employees where it was stated that his female manager provided sexual favours in exchange for industrial peace, and making violent comments about a bear ripping off the head of both managers.
Linfox had no social media policy.
Without a policy in place, Commission was able to downplay seriousness of comments.
Focus moved to the employee’s lack of understanding
No idea what he was doing, didn’t understand how FB worked
Didn’t understand that everyone could see the posts
Did not understand the posts were offensive
Did not understand that you could get in trouble for stuff on FB
Put it like that, it doesn’t sound very fair…
Commission found – no valid reason for termination, and dismissal was harsh.
A few months after that decision…
Commission found that it was lawful and reasonable for Linfox to request the policy acknowledgement to be signed
Some quotes:
“establishment of a social media policy is clearly a legitimate exercise in acting to protect the reputation and security of a business”
“Gone is the time (if it ever existed) where an employee might claim posts on social media are intended to be for private consumption only.”
“it is difficult to see how a social media policy designed to protect an employer’s reputation and the security of the business could operate in an “at work” context only. “
What we learn from these cases: you need to have a policy to be able to discipline employees for conduct on social media
AND it is ok to implement one, and to require employees to comply with it.
Must be backed up by training
Make sure that everyone is aware of the policy, and what it means
You don’t want anyone saying “Oh, Facebook isn’t work, I didn’t realise it would matter.”
Equally, you need training to ensure that everyone knows how to use the media which you are allowing/encouraging
Training on privacy settings – you don’t want people saying things which they think are private… eg Stutsel
Training to ensure that people understand how their personal profile relates to the organisation’s profile.
Training should make it clear that comments on social media are just the same as comments made to a person’s face, with a million or so eavesdroppers listening in, many of whom are reporting their interpretation of the conversation to perhaps a billion other people. For years.
So, you have your systems in place, but an employee goes ahead and posts something awful on online. What can you do?
I will be talking today about disciplining employees for misconduct on social media, including:
Using social media to investigate employee conduct, how not to fall foul of the privacy regime
When you can and can’t act on after hours conduct
The dangers of overreacting
I’ll also talk about what you can do about social media issues after an employee leaves.
First – we’ll look at how you get the information.
It is easy to get information off social media – generally, it is all a quick google away. Sometimes, you might receive print outs or screenshots from other employees. Or even anonymously slipped under the door.
It is very important to be aware – an employee’s social media activity can be covered by privacy legislation, which means you have obligations about how it is
COLLECTED
USED
Recently, this issue was considered by the Supreme Court of Victoria. An employee of Transport Safety Victoria (Lara) had posted a series of rants about Adrian Bayley online, and started saying abusive things to one of her colleagues who had shared a story about Jill Meagher’s death online. This escalated into full blown bullying – where Lara was calling Paula a “snitch” and saying she was “too busy sucking up”.
One of the tirades ended with “Go on, print this off, report it to HR!” So, that’s what Paula did. She took it to HR, who then viewed the posts themselves on Facebook.
The Employer commenced a bullying investigation, which ultimately led to the employee being issued with a final warning.
The employee then accused her employer of a breach of the privacy principles under the Victorian privacy legislation. Now – this only applies if you are a public sector employer. However, generally speaking, the same principles will apply under the Commonwealth Act.
The Court said yes – despite the fact that the employee posted all this information online for the world to see, it was personal information covered by the legislation.
This means that the employer had to have a:
LEGITIMATE PURPOSE FOR COLLECTING the information – necessary for the employer’s functions and activities
The way you collect the information cannot be “unreasonably intrusive”
NOTIFY the employee of the collection
USE the information for the primary purpose for which it was collected (another legitimate purpose permitted by the legislation)
The Court found that the purpose for collection was fine – the employer was collecting it for a bullying investigation, which it needed to conduct to meet its health and safety obligations.
The information was all easily accessible online, and able to be viewed by all of Lara’s friends. So, the collection was not “unreasonably intrusive”.
The employer didn’t notify the employee straight away that it had the information, or try and collect it from her personally. However, this was ok in the circumstances, because they recognised that trying to collect the information directly from the employee, or notifying her straight away could have compromised the investigation. The employee could have attempted to delete the posts. So, it was fine for the employer to only put the information to the employee once it required a response from her.
Finally, the information was used for a legitimate purpose – furthering the investigation and disciplinary processes.
So – you can do it collect and use information for an investigation, but ensure you collect it in a lawful and reasonable way.
Transport Safety Victoria
found that an employee’s Facebook posts were ‘personal information’ covered by our Victorian privacy legislation. Now, this legislation only applies if you are a Victorian public sector employer. Many of you here will only be covered by Commonwealth privacy legislation. Employee’s personal information that you collect and use for their employment is exempt from that Act.
Employee posted abusive comments on her colleague’s facebook wall.
Employer viewed these comments by accessing her Facebook friend’s pages (who could view the posts).
Employee subsequently disciplined, and she became aware that employer had accessed her FB page. Accused employer of breach of privacy legislation.
Court found:
Employer entitled to view FB page as part of legitimate workplace investigation
Here, viewing didn’t involve ‘hacking’ the page.
Employer’s use of the information it collected was legitimate.
No breach of the privacy act.
Didn’t have to immediately notify employee of breach – this could have jeopardised the investigation (employee would have deleted). BUT do need to notify once information obtained (should be doing this anyway if you intend to rely on it – give the employee an opportunity to respond).
Careful – make sure means of collection is lawful. No hacking!
Make sure use is for legitimate purpose.
So – you’ve got the information, but it looks like it was published on the employee’s personal account, outside of work. CAN YOU DO ANYTHING ABOUT IT?
The general position is that you can’t control every aspect of your employee’s lives – it would be exhausting even if you wanted to!
In fact, courts say that it is only in “exceptional circumstances” that they will allow employers to step in and control an employee’s personal time.
So, when do you know you have one of those ‘exceptional circumstances’?
The test is – whether there is a RELEVANT CONNECTION BETWEEN CONDUCT AND EMPLOYMENT RELATIONSHIP
Court looks at whether there is a connection between the conduct and the employment relationship. Number of factors will point to there being a connection:
Damage to employment relationship, workplace relationships or employer’s interests?
Incompatible with duties.
Always will come down to the facts. There was an interesting case recently that illustrates how this applies in practice.
HR Manager at a car dealership was friends with her boss’s wife. The wife separated from the boss after she discovered he had been cheating on her. The HR manager sought to comfort her friend – sent a series of private messages on Facebook. Essentially they said – don’t worry, everyone here thinks he is a tosser too. Everyone has been telling me they can’t wait to fill out the employee engagement survey, so they can vent about how awful he is.
The boss found these messages, and dismissed the HR manager’s employment for two reasons – she clearly had such a low opinion of him they couldn’t work together anymore. Also, she had breached confidentiality by passing on information about the employee engagement survey and staff complaints.
The court was not very sympathetic with the boss.
The message was private, and between friends. The boss had actually hacked into his wife’s Facebook page without her permission, to access the messages.
The confidentiality breaches were relatively minor
Just because an employee has a low opinion of you doesn’t mean you can dismiss them. There wasn’t significant enough damage to the employment relationship.
The HR Manager’s claim for unfair dismissal was successful.
The case of Starr that Anthony mentioned earlier also involved an employee with a low opinion of their employer. However, here the commission found that there was a sufficient connection.
You’ll remember his comments were very serious and very public. This was not private venting to a friend – this was actively engaging in critical discussion online.
In that case, there was a valid reason for dismissal. Despite being made after hours, the comments had a sufficient connection to the employment relationship.
ULTIMATELY, the Commission found that the dismissal was harsh. You still need to be careful – even where there is a valid reason, make sure that dismissal is the right disciplinary option.
In Starr’s case, the Commission found that dismissal was disproportionate response.
Long service with unblemished record
Prospects of finding other employment low (had worked for same employer since 19 yrs old)
Genuine remorse
No evidence of damage to employer’s reputation, and not deliberate attempt to undermine
Some findings about conduct not justified
The Commission ordered that Starr be reinstated and that no compensation be afforded given the sufficient financial loss as representative of a suitable sanction.
The Department have since lodged an appeal challenging the decision of the Commission.
http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FWC/2016/1460.html?stem=0&synonyms=0&query=starr%20and%20centrelink
Starr’s case illustrates how important it is to think carefully about all the circumstances of the case before acting. Misconduct involving social media often gifts you clear, documented evidence. It’s not just ‘he said she said’, you can see it all laid out before you. It can be very tempting to act swiftly. But rushing things is likley to land you in trouble.
There was an extraordinary case recently, which received a fair bit of media attention.
A baggage handler at Brisbane Airport was found posting comments in support of ISIS online. He had shared their promotional videos and commented “We all support ISIS”.
Management found out about the posts, and he was stood down with pay while they investigated.
Singh claimed the posts were sarcastic – he was actually a supporter of far right, anti-ISIS groups such as Reclaim Australia. He was a member of these groups on Facebook. The investigation conducted by the employer was not thorough, they took the posts at face value. and they did not look at his Facebook page thoroughly, which would have demonstrated that the posts were a joke.
Commission said that if Singh had been an ISIS supporter, the posts would have warranted dismissal. However, in the circumstances, they were just “ridiculous”, unfunny jokes. Dismissal was not appropriate.
Singh did not seek reinstatement. Aerocare were ordered to pay $4,800. (Compensation reduced by 40% due to his misconduct).
Now, I think there could have been a different outcome in this case. If aerocare had investigated the page properly and discovered that the posts were a joke, they could have put this to the employee, and made their decision on the basis that a person who jokes about terrorism is not fit to work. Particularly given there are Commonwealth regulations that make it an offence to make a joke about aviation security. Depending on the Commissioner, this could have changed the outcome of the case.
http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FWC/2016/6186.html?stem=0&synonyms=0&query=singh%20and%20aerocare
When investigating, make sure you understand the medium you are looking at. Recently, I had a call from a client about an employee with a history of using up every last sick day every year – and then some. His supervisor had always been a bit suspicious about the timing of the leave – always mondays and fridays, looked a bit like he might be taking them for a ride. Recently, he had taken sick leave on his birthday,. While on leave, he was tagged in a post in Queensland. My client called up and was saying – think we’ve got him, he’s taking a holiday, what can we do. We looked at the post more closely.
Now – being thorough doesn’t stop at the investigation. You also need to ensure you follow procedural fairness, and put all the reasons for termination to the employee.
In the case of Remmert and Broken Hill Operations, and employee had made fairly abusive bullying comments on Facebook after hours. These comments, and other bullying behaviour was put the the employee for his response, and his employment was ultimately terminated.
During the unfair dismissal case, the employer had to produce an HR summary. This summary set out the reasons why management should dismiss the employee. One of the reasons was a confidential complaint they had received about the employee’s behaviour. This complaint was not put to Remmert, for fear of revealing the identity of the complainant. However, this was ultimately the employer’s downfall. The summary revealed it had been part of the reasons for termination, yet Remmert had never had an opportunity to respond to it.
Ultimately, and despite his appalling behaviour, Remmert was awarded nearly $30,000.
So – please make sure employees are given an opportunity to respond. But also, be careful what you put in writing. If you can’t put it to the employee, and sometimes there is a good reason you can’t, don’t put it in your HR summary.
So you’ve managed to dismiss your employee, and done it fairly. The social media fun doesn’t stop there.
In the past, it was harder to know what your ex-employees were up to after they left. Unless their ranting and raving made the papers, you may not have heard anything more.
However, times have changed.
We are regularly getting calls about naughty things employees are doing on social media AFTER their employment ends.
I just want to talk very briefly about three types of claims, that could help you out if an ex-employee goes rogue online.
FIRST - Employees have duties under the common law and Corporations Act not to misuse their employer’s information to gain an advantage for themselves, or cause detriment to the old employer. Breaches of this obligation can attract penalties of up to $200,000
SECOND - employees, like the rest of us, must not defame individuals. So, employees publishing a rant about their old boss online, could potentially give rise to a defamation claim. (has to be published, have to be able to identify the individual and it has to be defamatory, which means that it has to lower the reputation of the victim in the eyes of a reasonable member of the public). Defence of truth (among other things).
THIRD – you can include post-employment restraint in an employee’s contract. More and more, we are seeing ex-employees using social media to set up their own businesses, lure away clients, or contact their old colleagues to entice them away. This can be very damaging to your organisation. Post-employment restraints can help you control what an employee does after their employment.
For example, there was a case that involved a personal trainer who left her gym. After leaving, she started advertising to her old clients on facebook – come to my new gym and you’ll get a discount!
Her contract with the old gym included a post-employment restraint that prevented her from “soliciting” clients for 3 months after her engagement ended.
The Court said these Facebook posts were a form of “soliciting”, and ordered her to take them down.
Not all restraints will cover social media, and many restraints that we see are not enforceable at all. So, if this is a risk for your business, make sure you review your contracts, and your restraints.
So I’ve talked about the doom and gloom, what happens when social media goes wrong.
But really – our key message is prevention is better than a cure.