Tag Archives: social media

UK: Termination – dismissal for tweets from private account may be fair

It may be fair to dismiss an employee for posting offensive tweets on a personal Twitter account in the employee’s own time, depending on the facts.

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Filed under Jurisdiction: UK, Termination of employment

China: Social Media posts recognised by PRC Courts as evidence in employment cases

Given the growing popularity of social media websites and applications in China, employees are increasingly releasing employment-related photographs and posts onto social media networks. Employers are in turn increasingly relying on social media posts made by their employees as evidence … Continue reading

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Filed under Jurisdiction: Asia

Australia: Employee dismissed over Facebook conduct – FWC

The Fair Work Commission has recently upheld the dismissal of a manager due to inappropriate content on his personal Facebook page. The decision is particularly interesting because the case involves an employee using social media in a personal capacity. Lisa … Continue reading

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Filed under Jurisdiction: Australia, Termination of employment

Australia: Misusing social media – where can employers draw the line?

The Full Federal Court has handed down its decision in Linfox Australia Pty Ltd v Fair Work Commission. The Full Court upheld the decision of the Full Bench of the Fair Work Commission that Linfox unfairly dismissed a truck driver … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: Australia

Social Media use for Corporate Australia: “Understanding the opportunity and the risks”

Herbert Smith Freehills Partner Andrew Rich participates in a panel discussion on the use of social media in corporate Australia with Anne Bartlett-Bragg, Ripple Effect Group; Rebecca Wilson, Buchan Consulting; and hosted by James Marlay, BRR Media. View broadcast here.

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Filed under Jurisdiction: Australia

Australia: Trial by media: a continuing trend

The recent dismissal of James Ashby’s sexual harassment case against former Speaker Peter Slipper concludes yet another example of ‘trial by media’. On 12 December 2012 the Federal Court handed down its decision dismissing Mr Ashby’s claim in full on … Continue reading

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Filed under Jurisdiction: Australia

Social media: caution required when disciplining for Facebook comments

Employers should not assume that they have the right to restrict an employee's freedom to express views on social media where these concern personal beliefs and do not have a work-related context (such as being about the employer or work … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

New resources – October 2012

Home Office leaflets on forthcoming changes to Disclosure and Barring Acas guidance on the use of smartphones and other devices at work

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Filed under Jurisdiction: UK, Resources

Australia: Anti-social media: Linfox Full Bench sets a framework for assessing misuse

The Full Bench of Fair Work Australia has dismissed Linfox’s appeal against the reinstatement of an employee who was terminated for misuse of social media.1 While this decision provides a limited framework for assessing the severity of social media misuse, … Continue reading

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Filed under Jurisdiction: Australia, Termination of employment

UK: Unfair dismissal – home computer use

Employer’s policies on how employees use emails and other social media should apply to activities that could damage the employer’s reputation even if carried out on home computers.  Employees should be warned of the danger of forwarding chain emails. A … Continue reading

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Filed under Jurisdiction: UK, Termination of employment