Employment Law

Linfox and the social media

Another reflection here on the Australian Linfox case in which the dismissal of a truck driver who posted offensive material about his managers on FB was held to be unjustifiable.

Although the decision was upheld on appeal, it seems that it is largely based on the particular facts and does not have much of a precedent value. In fact, Australian courts seem to take a more and more robust approach to the misuse for social media by employees. Observations such as that “[an employee] hardly needs written policies or codes of conduct to understand and appreciate that, firstly, the kind of sexual comments made…were grossly offensive and disgusting and were more than likely to cause hurt and humiliation.” show the common sense attitude so often lacking in the NZ Employment Authority jurisdiction, where everything not put in policies can be challenged.

Details:

http://www.herbertsmithfreehills.com/insights/legal-briefings/misusing-social-media-where-can-employers-draw-the-line