What to do when a personal post becomes a professional problem
With social media firmly embedded in everyday life, the boundaries between an employee’s personal expression and professional obligations blur – creating potential legal headaches.
The challenge for employers is knowing when an employee’s online conduct justifies intervention, which is easier said than done.
“There may be a misunderstanding where people feel they’re protected if they make comments or express opinions on private profiles. They don’t always realise it may have an impact on their employer or colleagues,” Michael Yeates, Special Counsel at Black Bay Lawyers, told HRD.
“The difficulty is that the law doesn’t prohibit employers from taking action altogether — it’s about whether that conduct can be linked back to the workplace in a way that damages the relationship or the business.”
According to Yeates, there are several key factors to consider.
“You need to look at whether the post causes serious damage to the relationship of mutual trust, harms the employer’s reputation or profitability, or is incompatible with the employee’s duties,” he said.
But, Yeates noted, each case needs to be considered on their own merit because “it’s never black or white.”
This “hazard test” is central to determining whether an employer could act over out-of-hours conduct.
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