BlandsLaw - Blog posts from social media and unfair dismissal
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Employees can get themselves into all sorts of trouble through the misuse of social media in the workplace. But is social media really to blame? Not in all cases - as this cautionary tale illustrates.

The Fair Work Commission recently rejected an unfair dismissal claim from an employee who used LinkedIn to solicit work for his own private business. The employee showed that he had disclosed to his employer, an architectural design practice, that he did small design projects for private clients outside his normal working hours. The employer had accepted this.

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Social media in the workplace: practical tips for best practice policies

Internet Law Bulletin (Lexis Nexis) – June 2013

Andrew Bland and Sarah Waterhouse look at the rise in employment law decisions involving social media, particularly in unfair dismissal cases, and examples of emerging case law including the recent appeal in Linfox Australia Pty Ltd v Glen Stutsel. This paper – aimed at legal advisors in the areas of workplace and internet law – proposes that a comprehensive and effectively-implemented policy for employee use of social media is an essential legal risk management tool. It also provides practical hints on what to include in a social media policy for employees.

Click to download article > Internet_Law_Bulletin_June_2013 SM articles

 

Social Media & Unfair Dismissal - A Guide for Employers

The recent decision by a full bench at Fair Work Australia in Dianna Smith T/A Escape Hair Design v Sally-Anne Fitzgerald [2011]FWAFB 1422 (15 March 2011) upholding an unfair dismissal finding is a timely reminder for employers to ensure they observe the correct procedures when considering terminating an employee, and that they have clear guidelines in place for the use of social media where employees comment on their place of work.

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